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What Is the Statute of Limitations for Wrongful Death in Wisconsin?

In Wisconsin, the statute of limitations for wrongful death is generally 3 years under Wis. Stat. § 893.54(2m).

3 YEARS
Wrongful Death · Wisconsin
✓ Verified Checked Sep 2026

Wrongful death Deadlines in Wisconsin

How long do you have to file a wrongful death claim in Wisconsin?

In Wisconsin, the statute of limitations for wrongful death is generally 3 years under Wis. Stat. § 893.54(2m).

When does the clock start for wrongful death in Wisconsin?

Three years — and the discovery rule applies, so the claim accrues when the injury is discovered or with reasonable diligence should have been discovered.

Can the Wisconsin deadline for wrongful death be extended?

Estate of Genrich v. OHIC Insurance Co. (2009 WI 67) holds that a wrongful death claim derived from medical malpractice is controlled by § 893.55 rather than this section, and accrues on the date of the medical injury — not the date of death. That distinction can move the deadline by years.

Is the deadline different if the claim is against the government in Wisconsin?

Often, yes. Notice of injury within 120 days under Wis. Stat. § 893.80. Section 893.80 requires written notice of the circumstances of the claim to the governmental body within 120 days of the event, plus an itemised statement of relief sought. The body then has 120 days to allow or disallow the claim. Colby v. Columbia County hol…

How does Wisconsin compare to other states for wrongful death?

Wisconsin's 3 years is among the longest in the country. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in Wisconsin:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in Wisconsin

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Wisconsin attorney can tell you the deadline that applies to your situation.
See every filing deadline in Wisconsin, or compare wrongful death across all states.
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