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.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 3 years | Wis. Stat. § 893.54(1m)(a)Includes motor vehicle accident injuries. Intentional torts such as assault and battery are also 3 years (§ 893.57). |
| Medical malpractice | 3 years | Wis. 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 death | 3 years | Wis. Stat. § 893.54(1m)(b)Death arising from a motor vehicle accident: 2 years (§ 893.54(2m), added by 2015 Wis. Act 133). |
| Property damage | 6 years | Wis. Stat. § 893.52(1)Property damage from a motor vehicle accident: 3 years (§ 893.52(2), added by 2015 Wis. Act 133). |
| Written contract | 6 years | Wis. 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 contract | 6 years | Wis. Stat. § 893.43(1)Same 6-year period for express and implied contracts. |
| Credit card / account debt | 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). Once the period expires, the right itself is extinguished, not just the remedy (§ 893.05). |
| Fraud | 3 years | Wis. Stat. § 893.93(1m)(b)Reduced from 6 years to 3 years by 2017 Wis. Act 235. |
| Defamation | 3 years | Wis. Stat. § 893.57Same period for libel and slander. Raised from 2 to 3 years by 2009 Wis. Act 120. |
| Product liability | 3 years | Wis. 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]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written 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 required | Wis. Stat. § 893.82(3) |
| Cities, counties and other local entities | Written 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.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 6 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) |
| Misdemeanors | 3 years | Wis. Stat. § 939.74(1) |
| No time limit | 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) |
| Sexual assault | Adult 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) |
| Theft | Felony 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?
What is the statute of limitations on debt in Wisconsin?
Does the statute of limitations pause for minors in Wisconsin?
What crimes have no statute of limitations in Wisconsin?
How long do you have to file a notice of claim against a Wisconsin municipality?
Sources
- Wis. Stat. § 893.54(1m)(a): personal injury limitation period
- Wis. Stat. § 893.55(1m): medical malpractice limitation period
- Wis. Stat. § 893.54(1m)(b): wrongful death limitation period
- Wis. Stat. § 893.43(1): written contract limitation period
- Wis. Stat. § 893.43(1): credit card / account debt limitation period
- Wis. Stat. § 893.16: tolling for minors
- Wis. Stat. § 893.82(3): claims against the state
- Wis. Stat. § 893.80(1d): claims against local government
- Wis. Stat. § 939.74(1): criminal limitation periods
- Wis. Stat. § 893.93(1m)
- Wis. Stat. §§ 893.52(2), 893.54(2m)
- Wis. Stat. § 893.05
- Wis. Stat. § 893.57
- Wisconsin small claims (official court self-help)