How long do you have to sue after an injury in Wisconsin?

Last checked November 8, 2026

In Wisconsin you generally have 3 years from the date of your injury to file a lawsuit, under Wis. Stat. § 893.54(1m)(a). If a city, county or the state is responsible, the deadline can be much shorter: 120 days.

Calculate your deadline

Wisconsin injury deadlines at a glance

SituationDeadlineLaw
Most injuries, including car accidents3 yearsWis. Stat. § 893.54(1m)(a)
Motor vehicle crashes2 years, wrongful death from a motor vehicle accident only; bodily injury from a motor vehicle accident is 3 years under (1m)(a)Wis. Stat. § 893.54(2m)
Wrongful death3 yearsWis. Stat. § 893.54(1m)(b)
Claim against the government (Local governments)120 daysWis. Stat. § 893.80(1d)(a)
After the government claim120 daysWis. Stat. § 893.82(3)

What the law says

“the following actions shall be commenced within 3 years or be barred: [...] An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle.”

Wis. Stat. § 893.54(1m)(a)

“Within 120 days after the happening of the event giving rise to the claim, written notice of the circumstances of the claim”

Wis. Stat. § 893.80(1d)(a)

When does the clock start?

Usually on the day you were hurt. In Wisconsin, Wis. Stat. § 893.54(1m)(a) sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.

What does not stop the clock

Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.

What happens if you miss it?

Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.

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Other states with the same deadline

Sources

  1. Wis. Stat. § 893.54(1m)(a), Official text, 2026-11-08
  2. Wis. Stat. § 893.54(2m), Official text, 2026-11-08
  3. Wis. Stat. § 893.54(1m)(b), Official text, 2026-11-08
  4. Wis. Stat. § 893.80(1d)(a), Official text, 2026-11-08
  5. Wis. Stat. § 893.82(3), Official text, 2026-11-08

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