Maybe itâs been over six months since that fender bender on I-94, and your back still doesnât feel right. Or maybe the repair shop you took your truck to didnât fix it correctly the first time around. Do you have a legal case against the other driver or the auto shop for damages? And, if so, what is the deadline for filing a case? Here is a brief summary of civil statutes of limitations in Wisconsin.
Civil Statutes of Limitations
Every state has time limits for the filing of lawsuits and other civil actions called "statute of limitations" laws. Wisconsin's civil statute of limitations laws are generally similar to those in other states. Wisconsin's statutes of limitations range from two to six years depending on the type of case. The statutory clock starts ticking typically on the date of the incident or the discovery of the harm.
Statutes of Limitation in Wisconsin
Each stateâs statutes of limitations may vary. The chart below highlights civil statutes of limitations in Wisconsin.
Injury to Person | 3 yrs. §893.57 |
Libel/Slander | 2 yrs. §893.57 |
Fraud | 6 yrs. §893.93(1)(b) |
Injury to Personal Property | 6 yrs. §893.52 |
Professional Malpractice | Medical: the later of 3 yrs. from incident or 1 yr. from discovery (max. 5 yrs.) §893.55(1), (2) |
Trespass | 6 yrs. §893.52 |
Collection of Rents | 6 yrs. §843.13(1) |
Contracts | Written: 6 yrs. §893.43; Oral: 6 yrs. §893.43 |
Collection of Debt on Account | - |
Judgments | 20 yrs.; 6 yrs. ct. not of record §§893.40, 893.42 |
Statute of limitations laws are designed to create general fairness and practicability when people are filing lawsuits. The main idea is that it is unfair to have an unfinished legal matter hang over someone's head indefinitely. At the same time, the injured party is given some limited leeway to decide whether or not to file a personal injury claim in order to recover damages. Therefore, statutes of limitation attempt to create a distinct end to each legal conflict so both parties involved can move on with their lives.
Related Resources for Civil Statute of Limitations Laws
Knowing your legal window when it comes to filing a lawsuit is just as important as knowing whether or not you have a valid claim. You can visit FindLawâs statute of limitations section if you want to learn more about this area of law.
Get Legal Help From a Wisconsin Attorney
Wisconsin's civil statute of limitations varies depending on the circumstances of your case and the type of claim involved. An experienced Wisconsin attorney will know Wisconsin's statutes as they apply to the "discovery of harm" rule, tolling of statutes for incapacity, and other key factors that will maximize your financial compensation. So, if you are dealing with a personal injury matter where you may be compensated, you should consult with a Wisconsin injury attorney.