Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Most Wisconsin families have three years, but car crash deaths have only two.

Three years

Wis. Stat. 893.54(1m)(b) requires an action to recover damages for death caused by the wrongful act, neglect or default of another to be commenced within 3 years.

Two years for car deaths

Under 893.54(2m), a wrongful death action arising from an accident involving a motor vehicle must be commenced within 2 years after the cause of action accrues.

Compared with an injury claim

Injuries to the person, including motor vehicle injuries, have three years.

Malpractice deaths

An annotation says a derivative claim for damages due to wrongful death is controlled by the specific statute of limitations for medical malpractice in 893.55.

Governmental bodies

A written notice must be given within 120 days.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wisconsin's rules apply to your specific case with a licensed Wisconsin attorney.