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The JMK bLAWg

Understanding Wisconsin Statutes of Limitations and their Impact on your Claim

Understanding Wisconsin Statutes of Limitations and their Impact on your Claim

The Wisconsin Statutes of Limitations in civil actions impose a time limit upon injured parties to file suit after an injury occurs. Once this time limit expires, claims arising from that injury are generally barred from inclusion in any subsequent civil action.

According to Wis. Stat. § 893.04, an applicable statute of limitations begins to run “from the time that the cause of action accrues” (with some exceptions). In most scenarios, the statute of limitations begins when the injury occurs and/or manifests itself to the injured party. As a general rule, here are the statutes of limitations as determined by Wisconsin law for civil claims:

-1 year: intentionally caused injury/loss

-3 years: personal injury, wrongful death,       medical malpractice, products liability

-6 years: fraud, breach of contract,      professional malpractice, damage to property

It is important to keep in mind that these numbers are merely general guidelines based upon the Wisconsin statutes. Even if you believe your claim may be barred, it is in your best interest to consult with an attorney. Certain exceptions to the statute of limitations may apply on a case-specific basis. Furthermore, the statute of limitations on a claim may renew upon additional acts and can be tolled once an action is commenced.

John M. Kelly, Attorney at Law, LLC is home to 42 years of experience in civil litigation. If you believe you have fallen victim to the negligent or intentional acts of another person or entity, call Attorney John M. Kelly today to ensure that your claim is brought in a timely and efficient manner.