A genuinely counterintuitive real holding
Here's a real, confirmed Wisconsin judicial holding that catches many people off guard. A derivative claim for damages due to wrongful death is controlled by the specific statute of limitations for medical malpractice, Wis. Stat. § 893.55, rather than the general wrongful death statute — and it accrues on the same date as the underlying medical negligence action: the date of injury, not the date of death.
Why this genuinely matters
In an ordinary wrongful death case, a family naturally expects the clock to start running when their loved one dies. But when the underlying cause is medical malpractice, the clock can already be running — or even expired — well before the death actually occurs, because it's tied to the original injury date rather than the date of death. A family that waits to consult an attorney until after a loss could discover the deadline has already passed, or is far closer than they assumed.
A real limit on the discovery rule generally
Beyond this specific trap, Wisconsin courts have held more broadly that the discovery rule does not allow a plaintiff to delay the statute of limitations until the full extent of an injury becomes known. Knowing you were hurt is enough to start the clock, even if the complete severity or scope of that injury isn't yet clear.
The ordinary minor and mental illness tolling rules
Outside of these specific issues, a minor generally has two years from the earlier of their 18th birthday or legal emancipation to file a personal injury lawsuit. Similarly, someone who is mentally ill generally has two years from the date their mental illness ends to bring a personal injury suit.