Wisconsin Personal Injury Law Resources

Wisconsin is an at-fault state with a three-year statute of limitations, modified comparative fault with a 51% bar, and no general caps on compensatory damages in most personal injury cases. Medical malpractice non-economic damages are capped at $750,000. Punitive damages are capped at the greater of $200,000 or two times compensatory damages (with an exception for DUI-related injuries). Auto insurance liability minimums are 25/50/10 with mandatory UM/UIM coverage.

Statute of Limitations

General Personal Injury THREE Years

Wisconsin provides a three-year statute of limitations for most personal injury claims under Wis. Stat. § 893.54. This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Three years from the date of death.

Medical malpractice: Three years from the date of injury, or one year from discovery (whichever is later). A five-year statute of repose applies. Pre-suit screening panel review may be required. All malpractice claims are governed by Wis. Stat. Chapter 655.

Property damage: Six years.

Intentional torts: Two years.

Government Claims Strict Notice and Short Deadlines

Claims against political subdivisions (cities, counties, towns, villages, school districts) require written notice within 120 days of the event. The government has 120 days to respond. If denied or no response, suit must be filed within six months of denial/non-response (Wis. Stat. § 893.80). Claims against the State of Wisconsin require written notice by certified mail to the attorney general within 120 days (Wis. Stat. § 893.82).

Tolling

The statute is tolled for minors (until age 18) and mental incapacity. The discovery rule applies when injuries are not immediately apparent.

Modified Comparative Fault 51% Bar

Wisconsin follows a modified comparative fault rule under Wis. Stat. § 895.045. A plaintiff who is more than 50% at fault (i.e., 51% or more) is completely barred from recovery. If the plaintiff is 50% or less at fault, damages are reduced by their percentage of fault.

Wisconsin applies joint and several liability for defendants whose combined negligence exceeds the plaintiff's fault, though several liability applies in certain circumstances.

Damage Caps

No General Caps in Most Personal Injury Cases

Wisconsin does not cap economic or non-economic damages in most personal injury cases, including auto accidents, premises liability, and product liability.

Medical Malpractice Non-Economic Cap

Non-economic damages in medical malpractice cases are capped at $750,000 (Wis. Stat. § 893.55(4)(d)(1)). Economic damages are not capped. This cap was upheld by the Wisconsin Supreme Court.

Punitive Damages

Punitive damages are capped at the greater of $200,000 or two times compensatory damages (Wis. Stat. § 895.043(6)). Exception: the cap does not apply if the defendant caused harm while operating a vehicle under the influence of an intoxicant in those cases, punitive damages are uncapped.

Government Liability Caps

• State government: $250,000 per claim for injury or death (Wis. Stat. § 893.82(6))
• Political subdivisions: $50,000 per claim (Wis. Stat. § 893.80(3))
• Volunteer fire companies: $25,000 per claim
• No punitive damages against any government entity

Auto Insurance Requirements

Wisconsin is an at-fault (tort) state.

Liability Minimums 25/50/10

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $10,000 per accident for property damage

Mandatory UM/UIM

Wisconsin requires both Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage at the same limits as liability coverage. These coverages are mandatory.

No PIP Required

Wisconsin does not require Personal Injury Protection (PIP). Medical Payments (MedPay) coverage is optional.

Where Personal Injury Cases Are Filed

Personal injury lawsuits are filed in Circuit Court (general jurisdiction Wisconsin has a unified court system with Circuit Courts as the trial courts). Small Claims Court handles cases up to $10,000. Wisconsin has 72 counties, each with a Circuit Court branch.

Milwaukee County handles the largest volume of personal injury litigation. Other significant jurisdictions include Dane County (Madison), Waukesha County, Brown County (Green Bay), Racine County, and Kenosha County.

Common Types of Personal Injury Cases in Wisconsin

Wisconsin's harsh winters, rural highways, manufacturing economy, outdoor recreation culture, and agricultural industry generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-94, I-43, I-90/94, US-41, and rural highways winter weather and icy conditions contribute to many crashes), commercial truck accidents, motorcycle accidents, pedestrian and bicycle accidents (especially in Milwaukee, Madison, and Green Bay), premises liability (including slip-and-fall on ice and snow Wisconsin requires reasonable care for winter conditions), medical malpractice, product liability, wrongful death, construction accidents, workplace and industrial injuries (paper mills, manufacturing plants, foundries), dog bites (Wisconsin follows a strict liability statute owner liable for full damages on second bite, liable for up to double damages on subsequent bites under Wis. Stat. § 174.02), farm and agricultural injuries, hunting accidents, snowmobile and ATV accidents (Wisconsin has extensive trail systems), boating and lake recreation injuries (numerous lakes and waterways), ski and snowboard injuries, nursing home abuse, drunk driving injuries (punitive damages are uncapped for DUI-related injuries), and injuries at fairs and sporting events (Summerfest, Lambeau Field, state fair).

This page provides general legal information about Wisconsin personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Wisconsin to discuss the specific facts of your case.