Wisconsin Statute of Limitations: Filing Deadlines by Case Type

Understanding filing deadlines is essential for anyone involved in a legal dispute in Wisconsin. The statute of limitations sets the maximum amount of time a person has to file a lawsuit or the state has to bring criminal charges. Missing these deadlines almost always means losing the right to pursue a claim or prosecution entirely.

Wisconsin law divides these time limits into two main categories: civil statutes of limitations (for lawsuits between private parties) and criminal statutes of limitations (for prosecution of crimes by the state). Each category contains different deadlines depending on the type of case.

This guide breaks down every major filing deadline in Wisconsin, explains important exceptions and tolling rules, and provides the specific statutory references so you can verify each time limit yourself.

Wisconsin Civil Statute of Limitations

Wisconsin's civil statutes of limitations are found primarily in Chapter 893 of the Wisconsin Statutes. These deadlines control how long a person has to file a lawsuit in state court. Once the applicable deadline passes, the defendant can file a motion to dismiss, and the court will almost certainly grant it.

The clock typically starts on the date the injury or breach occurred, although Wisconsin does apply a "discovery rule" in certain situations (discussed below).

Personal Injury Claims

Wisconsin gives injured persons 3 years from the date of injury to file a personal injury lawsuit. This deadline applies broadly to claims involving car accidents, slip-and-fall injuries, and most other negligence-based personal injury claims.

The governing statute is §893.54, which covers actions for injury to the person.

Wrongful Death

A wrongful death lawsuit must also be filed within 3 years under §893.54(2). The deadline runs from the date of death, not the date of the underlying injury that caused the death.

Medical Malpractice

Medical malpractice claims in Wisconsin follow a more complex rule often called the "3/1/5 rule." Under §893.55, a patient must file suit within the later of:

• 3 years from the date of the injury, or
• 1 year from the date the injury was discovered or reasonably should have been discovered

However, in no case may a claim be brought more than 5 years after the date of the act or omission that caused the injury. This outer limit applies even if the patient did not discover the injury within that timeframe.

Product Liability

Claims for injuries caused by defective products follow the general personal injury deadline of 3 years from the date of injury under §893.54.

Property Damage

Claims for injury to personal property must be filed within 6 years under §893.52. This applies to damage to vehicles, personal belongings, or other tangible items.

There is one important exception: if the property damage resulted from a motor vehicle accident, the filing deadline is reduced to 3 years under §893.54.

Intentional Torts (Libel, Slander, Assault, Battery)

Actions for libel, slander, assault, battery, invasion of privacy, false imprisonment, or other intentional torts to the person must be filed within 3 years under §893.57.

Contract Disputes

Wisconsin applies a 6-year statute of limitations to breach of contract claims. This deadline covers both written and oral contracts under §893.43. The 6-year period also applies to actions to recover fees for professional services.

Fraud

Fraud claims must be filed within 6 years of the date the fraud was committed or discovered under §893.93(1)(b).

Trespass

Trespass claims carry a 6-year filing deadline under §893.52.

Judgments

An action on a judgment from a court of record must be brought within 20 years under §893.40. For judgments from a court not of record, the deadline is 6 years under §893.42.

Real Property and Adverse Possession

Wisconsin has three different adverse possession periods depending on the circumstances:

• 20 years for standard adverse possession claims (§893.25)
• 10 years if the possessor had good-faith "color of title" (§893.26)
• 7 years if the possessor held color of title and paid all real estate taxes (§893.27)

Claims Against the Government

Claims against Wisconsin governmental bodies follow special rules under §893.80. Before filing suit, a claimant must provide a written notice of claim within 120 days of the event. After submitting the notice, the claimant must wait for the government to respond or deny the claim, then file suit within six months of the denial or inaction. The total effective deadline is approximately 3 years and 120 days when combined with the underlying statute of limitations.

Complete Civil Statute of Limitations Table

Case Type	Time Limit	Statute
Personal Injury	3 years	§893.54
Wrongful Death	3 years	§893.54(2)
Medical Malpractice	3 years from injury or 1 year from discovery (max 5 years)	§893.55
Product Liability	3 years	§893.54
Property Damage	6 years (3 years if motor vehicle accident)	§893.52 / §893.54
Libel / Slander	3 years	§893.57
Assault / Battery	3 years	§893.57
Invasion of Privacy	3 years	§893.57
False Imprisonment	3 years	§893.57
Breach of Contract (Written)	6 years	§893.43
Breach of Contract (Oral)	6 years	§893.43
Fraud	6 years	§893.93(1)(b)
Trespass	6 years	§893.52
Injury to Personal Property	6 years	§893.52
Judgments (Court of Record)	20 years	§893.40
Judgments (Court Not of Record)	6 years	§893.42
Claims Against Government	120-day notice + 6 months after denial	§893.80

Wisconsin Criminal Statute of Limitations

Wisconsin's criminal statute of limitations determines how long prosecutors have to file charges after a crime has been committed. These time limits are found in §939.74 of the Wisconsin Statutes. These limitations exist to protect the integrity of evidence and witness testimony, which can become less reliable over time.

Crimes With No Time Limit

Wisconsin does not impose any filing deadline for the most serious offenses. Prosecutors may bring charges at any time for:

• First-degree intentional homicide (§940.01)
• First-degree reckless homicide (§940.02)
• Felony murder (§940.03)
• Second-degree intentional homicide (§940.05)
• First-degree sexual assault (§940.225(1))
• First-degree sexual assault of a child (§948.02(1))
• Repeated sexual assault of the same child (§948.025)
• Attempted versions of all the above offenses

Felonies

For felonies not listed above, the general rule is that prosecution must begin within 6 years of the date the crime was committed.

There are notable exceptions for specific felony categories:

• Second-degree reckless homicide: 15 years, or extended up to 1 year with DNA identification of a probable perpetrator, whichever is later
• Second-degree or third-degree sexual assault: 10 years, or extended up to 1 year with DNA identification
• Criminal misappropriation: Between 1 and 11 years after the loss is discovered

For all other felonies, the 6-year period may also be extended by up to 1 year if DNA evidence identifies a probable perpetrator after the standard period has expired.

Misdemeanors

Prosecution for a misdemeanor must begin within 3 years after the commission of the offense. Adultery carries a separate 3-year deadline as well.

Crimes Against Children

Wisconsin has specific and detailed time limits for crimes against children, reflecting the state's strong policy of protecting minor victims who may not come forward until years after the abuse occurred.

No time limit applies to:

• First-degree sexual assault of a child
• Repeated sexual assault of the same child

Before the victim turns 45 (or extended 1 year with DNA identification, whichever is later):

• Second-degree sexual assault of a child
• Three or more acts of first- or second-degree sexual assault against the same child
• Intentional physical abuse or repeated acts of physical abuse against the same child
• Sexual exploitation of a child
• Sex trafficking
• Incest with a child
• Sexual enticement of a child
• Computer-facilitated sex crimes against children
• Child prostitution offenses
• Sexual assault by school staff or persons who work or volunteer with children

Before the victim turns 26 (or extended 1 year with DNA identification, whichever is later):

• Reckless physical abuse of a child
• Mental abuse of a child
• Enticement that causes mental or bodily harm
• Providing illegal drugs to a child

DNA Evidence Extension

Wisconsin allows prosecutors additional time when forensic DNA evidence identifies a probable perpetrator. In felony cases where the standard limitation period has expired or is about to expire, prosecutors have an additional 12 months from the date of DNA identification to file criminal charges.

Complete Criminal Statute of Limitations Table

Offense Type	Time Limit	Statute
First-Degree Intentional Homicide	No limit	§939.74(1) / §940.01
First-Degree Reckless Homicide	No limit	§939.74(1) / §940.02
Felony Murder	No limit	§939.74(1) / §940.03
Second-Degree Intentional Homicide	No limit	§939.74(1) / §940.05
First-Degree Sexual Assault	No limit	§939.74(1) / §940.225(1)
First-Degree Sexual Assault of a Child	No limit	§939.74(1) / §948.02(1)
Repeated Sexual Assault of Same Child	No limit	§939.74(1) / §948.025
Second-Degree Reckless Homicide	15 years	§939.74(2)(b)
Second/Third-Degree Sexual Assault	10 years	§939.74(2)(c)
Criminal Misappropriation	1 to 11 years after discovery	§939.74(2)(d)
Other Felonies	6 years	§939.74(1)
Misdemeanors	3 years	§939.74(1)
Child Sexual Offenses (Serious)	Before victim turns 45	§939.74(2d)(a)
Child Abuse (Reckless/Mental)	Before victim turns 26	§939.74(2d)(b)

Tolling and Exceptions in Wisconsin

Several situations can pause (toll) or extend the statute of limitations in Wisconsin. Understanding these exceptions is important because they can significantly affect filing deadlines.

Discovery Rule

Wisconsin courts apply the "discovery rule" when an injury is not immediately apparent. Under this doctrine, the statute of limitations does not begin to run until the plaintiff knew or should have known about the injury through the exercise of reasonable diligence.

This rule is most commonly applied in medical malpractice cases, toxic exposure claims, and fraud cases where the harm may not become apparent for months or years after the wrongful act.

Tolling for Minors and Persons With Disabilities

Under §893.16, if the person entitled to bring a civil action is under the age of 18 or mentally ill at the time the cause of action accrues, the statute of limitations is tolled. The action may be commenced within 2 years after the disability ceases. For mental illness, the tolling period cannot extend the deadline by more than 5 years beyond the standard limitation period.

Defendant Absence From the State

For criminal cases under §939.74(3), time during which the accused is not a public resident of Wisconsin does not count toward the statute of limitations. The clock pauses while the defendant is absent from the state and resumes when they return.

Similarly, if a prosecution for the same act is already pending, that time is excluded from the limitation period.

Effect of a Pending Prosecution

If a criminal prosecution is already pending for the same act, the time during which that prosecution is pending does not count toward the statute of limitations. This prevents defendants from benefiting from procedural delays.

What Happens If You Miss the Deadline

If you fail to file a civil lawsuit before the statute of limitations expires, the defendant can raise it as an affirmative defense and move to dismiss your case. Wisconsin courts consistently enforce these deadlines. Under §893.05, the expiration of the limitation period extinguishes the cause of action entirely, and it creates a right for the defendant to insist on that statutory bar. A dismissal on statute of limitations grounds is almost always permanent.

For criminal cases, if prosecutors attempt to bring charges after the statute of limitations has expired, the defendant can move to dismiss the charges. The court must grant the motion unless the state can prove that a tolling exception applies.

Filing an insurance claim or negotiating with an insurance adjuster does not pause or extend the statute of limitations. The clock continues to run during these activities.

Practical Tips for Filing in Wisconsin

• Document the date of injury or discovery carefully. The exact start date of the statute of limitations can determine whether your case survives a motion to dismiss.
• Consult a Wisconsin attorney early. An attorney can identify which statute of limitations applies to your specific situation and whether any tolling provisions might extend your deadline.
• Do not rely on settlement negotiations to preserve your rights. The statute of limitations runs during negotiations. If settlement talks stall, you may need to file suit to protect your claim.
• File government claims promptly. Claims against state or local government bodies require a 120-day written notice before you can file suit, so start the process early.
• Keep records of all communications. Documentation of when you discovered an injury or defect can be critical if the discovery rule is at issue.

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