Wisconsin · civil and criminal deadlines

Wisconsin statute of limitations

Wisconsin gives 3 years for personal injury, medical malpractice, wrongful death, fraud and defamation, 6 years for written and oral contracts, debt and most property damage, and 2 years for a death caused by a motor vehicle accident. Claims against a government body need written notice within 120 days.

Statute of Limitations by State editorial teamUpdated 14 sources

Deadline calculator

Wisconsin statute of limitations calculator

Enter the date your claim arose to get the last day to file under Wisconsin Statutes.

Discovered later, a minor, or a government defendant
Is the defendant a government body?
Example

Wisconsin · Personal injury: file no later than

Tuesday, December 21, 2027

  • Includes motor vehicle accident injuries. Intentional torts such as assault and battery are also 3 years (§ 893.57).

The calculator adds the state’s period to the start date by the anniversary method and flags weekends and federal holidays. It does not know every exception: accrual, tolling and claim type are legal questions. General information, not legal advice; see the legal disclaimer.

Wisconsin statute of limitations by claim

In Wisconsin you generally have 3 years to sue for personal injury, 6 years for property damage, 6 years on a written contract and 6 years on an oral one, but only 3 years for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.

Wisconsin statutes of limitations for civil claims (checked November 2026)
ClaimDeadlineStatute
Personal injury3 yearsWis. Stat. § 893.54(1m)(a)Includes motor vehicle accident injuries. Intentional torts such as assault and battery are also 3 years (§ 893.57).
Medical malpractice3 yearsWis. Stat. § 893.55(1m)Repose: 5 years from the act or omission for the discovery branch (§ 893.55(1m)(b)) Concealment by the provider or a foreign object left in the body: 1 year from discovery if later (§ 893.55(2)–(3)).
Wrongful death3 yearsWis. Stat. § 893.54(1m)(b)Death arising from a motor vehicle accident: 2 years (§ 893.54(2m), added by 2015 Wis. Act 133).
Property damage6 yearsWis. Stat. § 893.52(1)Property damage from a motor vehicle accident: 3 years (§ 893.52(2), added by 2015 Wis. Act 133).
Written contract6 yearsWis. Stat. § 893.43(1)Actions on a motor vehicle insurance policy: 3 years (§ 893.43(2)). Sale of goods (UCC): 4 years (§ 402.725).
Oral contract6 yearsWis. Stat. § 893.43(1)Same 6-year period for express and implied contracts.
Credit card / account debt6 yearsWis. Stat. § 893.43(1)A new promise or acknowledgment must be in a writing signed by the debtor (§ 893.45); the effect of payments is preserved (§ 893.48). Once the period expires, the right itself is extinguished, not just the remedy (§ 893.05).
Fraud3 yearsWis. Stat. § 893.93(1m)(b)Reduced from 6 years to 3 years by 2017 Wis. Act 235.
Defamation3 yearsWis. Stat. § 893.57Same period for libel and slander. Raised from 2 to 3 years by 2009 Wis. Act 120.
Product liability3 yearsWis. Stat. § 893.54(1m)Repose: 15 years after manufacture for strict product liability claims, with exceptions (§ 895.047(5)) Property damage from a product: 6 years (§ 893.52).

What is different in Wisconsin

Wisconsin set separate periods for motor vehicle cases in 2015: 3 years for injury and property damage, but only 2 years for wrongful death. A 2017 law cut the period for fraud from 6 years to 3. And when a Wisconsin period runs out, the right itself is extinguished, so a later payment does not by itself revive an expired debt.

  • 2017 Wis. Act 235 cut the period for fraud and for liabilities created by statute from 6 years to 3 years. (Wis. Stat. § 893.93(1m))[10]
  • Motor vehicle cases have their own periods (2015 Wis. Act 133): 3 years for personal injury and property damage, but only 2 years for wrongful death. (Wis. Stat. §§ 893.52(2), 893.54(2m))[11]
  • When a Wisconsin limitation period runs out, the right itself is extinguished, not just the remedy, so a later payment or promise does not by itself restore an expired claim. (Wis. Stat. § 893.05)[12]
  • Defamation has a 3-year period, longer than in most states. (Wis. Stat. § 893.57)[13]

When the clock starts and stops

Wisconsin courts apply a general discovery rule to tort claims: the claim accrues when the injury, its cause and the defendant's identity are or should have been discovered with reasonable diligence. Fraud and medical malpractice have statutory discovery rules. (Wis. Stat. §§ 893.93(1m)(b), 893.55(1m))

Minors. Wisconsin pauses the clock for minors only in limited situations. A minor may sue within 2 years after turning 18 if that is later than the normal deadline (§ 893.16(1)–(2)). Does not apply to health care providers: minors must sue within the § 893.55 period or by age 10, whichever is later (§ 893.56). Child sexual assault civil claims: before age 35 (§ 893.587).[6]

Other tolling. Mental illness extends the period to 2 years after it ends, but by no more than 5 years (§ 893.16(1)). An expired claim is extinguished, not merely unenforceable (§ 893.05).

Suing the government in Wisconsin

Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]

Notice and suit deadlines for claims against Wisconsin government
DefendantDeadlineStatute
State agenciesWritten notice of claim served on the Attorney General within 120 days of the event (claims against state officers, employees or agents)Within the ordinary limitation period; strict compliance with § 893.82 is requiredWis. Stat. § 893.82(3)
Cities, counties and other local entitiesWritten notice of the circumstances within 120 days of the event, then an itemized claim to the clerk; the claim is disallowed if not acted on in 120 daysWithin 6 months after service of a notice of disallowance (§ 893.80(1g)), and within the ordinary limitation period. Late notice is excused if the entity had actual notice and was not prejudiced. Medical malpractice claims are exempt (§ 893.80(1m)).Wis. Stat. § 893.80(1d)

Criminal statute of limitations in Wisconsin

Most felonies in Wisconsin: 6 years. Misdemeanors: 3 years.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.

Wisconsin criminal limitation periods
OffenseTime limitStatute
Felonies6 yearsIf DNA from the crime scene produces a probable identification, prosecution of many ch. 940/948 felonies may begin within 12 months of the identification (§ 939.74(2d)).Wis. Stat. § 939.74(1)
Misdemeanors3 yearsWis. Stat. § 939.74(1)
No time limitFirst-degree intentional and reckless homicide, felony murder, second-degree intentional homicide, first-degree sexual assault, first-degree sexual assault of a child, repeated sexual assault of a child (most degrees), and attempts at several of theseWis. Stat. § 939.74(2)(a)
Sexual assaultAdult victim: first-degree no limit, second-degree 20 years, third-degree 10 years. Child victim: first-degree no limit; most other child sex offenses before the victim turns 45.Wis. Stat. § 939.74(2)(a), (ar), (c)
TheftFelony theft 6 years, misdemeanor theft 3 years; if the property was first held lawfully and later misappropriated, 1 year after discovery of the loss, but no more than 5 years beyond the normal limit.

Worked example

A slip on an unsalted Milwaukee parking lot on December 21, 2024: under the personal injury deadline is December 21, 2027.

For a claim of $10,000 or less, Wisconsin’s small claims (Circuit Court (small claims)) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.

Frequently asked questions

How long do you have to sue for personal injury in Wisconsin?
3 years under Wis. Stat. § 893.54(1m)(a), usually counted from the date of the injury. Claims against a government body may need a written notice much sooner.
What is the statute of limitations on debt in Wisconsin?
6 years (Wis. Stat. § 893.43(1)). A new promise or acknowledgment must be in a writing signed by the debtor (§ 893.45); the effect of payments is preserved (§ 893.48).
Does the statute of limitations pause for minors in Wisconsin?
Wisconsin pauses the clock for minors only in limited situations. A minor may sue within 2 years after turning 18 if that is later than the normal deadline (§ 893.16(1)–(2)). Does not apply to health care providers: minors must sue within the § 893.55 period or by age 10, whichever is later (§ 893.56). Child sexual assault civil claims: before age 35 (§ 893.587).
What crimes have no statute of limitations in Wisconsin?
First-degree intentional and reckless homicide, felony murder, second-degree intentional homicide, first-degree sexual assault, first-degree sexual assault of a child, repeated sexual assault of a child (most degrees), and attempts at several of these (Wis. Stat. § 939.74(2)(a)).
How long do you have to file a notice of claim against a Wisconsin municipality?
Written notice of the circumstances must be served within 120 days of the event (Wis. Stat. § 893.80(1d)), followed by an itemized claim. Claims against state employees also need notice to the Attorney General within 120 days (§ 893.82).

Sources

  1. Wis. Stat. § 893.54(1m)(a): personal injury limitation period · Wisconsin Statutes (official), checked November 2026
  2. Wis. Stat. § 893.55(1m): medical malpractice limitation period · Wisconsin Statutes (official), checked November 2026
  3. Wis. Stat. § 893.54(1m)(b): wrongful death limitation period · Wisconsin Statutes (official), checked November 2026
  4. Wis. Stat. § 893.43(1): written contract limitation period · Wisconsin Statutes (official), checked November 2026
  5. Wis. Stat. § 893.43(1): credit card / account debt limitation period · Wisconsin Statutes (official), checked November 2026
  6. Wis. Stat. § 893.16: tolling for minors · Wisconsin Statutes (official), checked November 2026
  7. Wis. Stat. § 893.82(3): claims against the state · Wisconsin Statutes (official), checked November 2026
  8. Wis. Stat. § 893.80(1d): claims against local government · Wisconsin Statutes (official), checked November 2026
  9. Wis. Stat. § 939.74(1): criminal limitation periods · Wisconsin Statutes (official), checked November 2026
  10. Wis. Stat. § 893.93(1m) · Wisconsin Statutes, checked November 2026
  11. Wis. Stat. §§ 893.52(2), 893.54(2m) · Wisconsin Statutes, checked November 2026
  12. Wis. Stat. § 893.05 · Wisconsin Statutes, checked November 2026
  13. Wis. Stat. § 893.57 · Wisconsin Statutes, checked November 2026
  14. Wisconsin small claims (official court self-help) · Wisconsin Judicial Branch, checked November 2026