We understand that if you have been affected by an accident you have more immediate concerns – like obtaining proper medical care, keeping a job, or planning a loved one’s funeral. Understandably, if you have been injured, filing a lawsuit may not be your initial concern. But, it is also important to keep in mind Wisconsin and Minnesota’s statute of limitations laws.
What is the Statute of Limitations?
Statute of Limitations is part of state law that sets a time limit on when a person can file suit in a civil court. The time limit begins when the injury or accident occurred. The statute of limitations can vary from state to state. They also depend upon the type of case you want to file. In general, once the statute of limitations on a case “runs out,” the legal claim is not valid.
Statute of Limitations in Wisconsin
| Cause of Claim | Limitation | Statute |
|---|---|---|
| Assault and battery | 3 Years | Wis. Stat. Ann. § 893.57 |
| Medical Malpractice | 3 Years | Wis. Stat. Ann. § 893.55 (1m)(a) Wis. Stat. Ann. § 893.55 (1m)(a) |
| Motor Vehicle Accident | 3 Years | Wis. Stat. Ann. § 893.54 (1m)(a) |
| Nursing Home Neglect | 3 Years | Wis. Stat. Ann. § 893.555 (2)(a) |
| Personal Injury • Boating Injury • Trucking Injury • Farm Injury • Tractor Injury • Premises Injury • Tripping Injury • Slipping Injury • Accidental Bodily Injury • Injury Caused by Tort • Injury Caused by Breach of Duty • Loading/Unloading Injury • Dog Bite or Dog Attack • Animal Bite or Animal Attack | 3 Years | Wis. Stat. Ann. § 893.54 (1m)(a) |
| Product Liability | 3 Years | Wis. Stat. Ann. § 893.54 (1m)(a) |
| Wrongful Death Wrongful Death Caused by Motor Vehicle | 3 Years | Wis. Stat. Ann. § 893.54 (1m)(b) Wis. Stat. § 893.54 (2m) |
Statute of Limitations in Minnesota
| Cause of Claim | Limitation | Statute |
|---|---|---|
| Assault and battery | 2 Years | Minn. Stat. Ann. § 541.07(1) |
| Medical Malpractice | 4 Years | Minn. Stat. Ann. § 541.076(b) |
| Motor Vehicle Accident | 6 Years | Minn. Stat. § 541.05 subd. 1(5) |
| Nursing Home Neglect | 4 Years | Minn. Stat. Ann. § 541.076(b) (2)(a) |
| Personal Injury • Boating Injury • Trucking Injury • Farm Injury • Tractor Injury • Premises Injury • Tripping Injury • Slipping Injury • Accidental Bodily Injury • Injury Caused by Tort • Injury Caused by Breach of Duty • Loading/Unloading Injury • Dog Bite or Dog Attack • Animal Bite or Animal Attack | 6 Years | Minn. Stat. § 541.05 subd. 1(5) |
| Product Liability | 4 Years | Minn. Stat. Ann. § 541.05 subd. 2 |
| Personal Injury Caused By Improvement to Real Property | 2 Years | Minn. Stat. § 541.051 |
| Wrongful Death | 3 Years | Minn. Stat. Ann. § 573.02, subd. 1 |
Exceptions to the law
In some cases, the statute of limitations can be extended. For example, in Wisconsin, it may be longer for a minor or for those that are deemed mentally incompetent. Shorter or longer limitation periods can also apply depending on the nature of the parties, the location of the injury, the legal theory involved, and other factors. To determine the deadlines and limitations periods that apply to any particular claim, an experienced personal injury lawyer should be consulted.
We can help you
If you have been harmed by the neglectful actions of another, it is important to contact a personal injury lawyer as soon as possible to discuss your case and your options for recovering compensation. Our lawyers understand how the statute of limitations is applied to different types of cases. We can help make sure that you do not miss your opportunity to seek damages. Contact us today at (715) 202-5699 or by clicking here for our contact us form.