What Is the Statute of Limitations in Wisconsin?

The statute of limitations in Wisconsin stipulates the maximum time after an incident in which lawsuits may be initiated. Per Wis. Stat. section 893.05, if the statute of limitations expires, the plaintiff loses their ability to sue or seek a remedy in court. Any suit filed after this time is likely to be dismissed as being time-barred. Moreover, the statute of limitations may be paused if the plaintiff is under 18 years, is mentally incompetent, or the defendant concealed the offense.

The statute has advantages for both claimants and defendants. First, unresolved old cases clog up the system. Also, the passage of time affects memory, the location of witnesses, and the preservation of evidence. The plaintiff is aware of the need to act promptly to secure justice.

How Long Is the Statute of Limitations in Wisconsin?

In general, the clock starts to tick from the date when the incident occurred. For instance, to seek compensation for personal injury, per Wis. Stat. section 893.54, the time limit is three years. However, under certain conditions the statute of limitations may be tolled. This pauses the time for instance, if there is a pending case on the same issue with the defendant.

What Crimes Have No Statute of Limitations in Wisconsin

While the statute of limitations exists to facilitate prosecution of offenses and protect defendants against frivolous claims, there is a special category of crimes deemed too grievous. To keep the state safe and to serve as a deterrent, the perpetrators of such crimes must be brought to book and not allowed to capitalize on any loopholes within the legal framework.

As a result, these crimes do not have a statute of limitations in Wisconsin.
Irrespective of the passage of time, individuals guilty of such crimes may be prosecuted at any time. These crimes without statutes of limitations include:

• Murder or Completed homicide
• Certain sex offenses
• Arson
• Kidnapping
• War crimes

Criminal Statute of Limitations in Wisconsin

Criminal statute of limitations in Wisconsin outlines the time limit for the government to file criminal charges in a case. Per Wis. Stat. section 939.74, felony time limits in Wisconsin stipulate how much time the state has to prosecute felony offenses. The time varies depending on the type and severity of the crime.

First and second degree intentional homicide, felony murder, and first degree sexual assault on a child or adult have no statute of limitations. Most other felonies have extended time limits to prosecute them. For instance, most child sexual offenses may be charged until the victim reaches 45 years old.

The standard felony time limit is 6 years. In general, the clock starts to tick after the crime takes place. The statute of limitations may be tolled or paused in situations where the defendant concealed their actions or left the state.

In recognition of the fact that there are cases where the victim may be scared to report the incident, and discovery may not be immediate, the court may extend the time limit. For instance, if the complainant discovers an injury following a surgical procedure, time starts counting from the date of discovery rather than the surgery date.

Is There a Statute of Limitations on Attempted Murder?

Yes. Per Wis. Stat. section 939.74, the statute of limitations for felonies is 6 years. This applies to attempted murder. However, a completed homicide or murder may be prosecuted at any time after the offense.

Statute of Limitations on Sexual Assault in Wisconsin

The way the statute of limitations is applied to cases of sexual assault in Wisconsin depends on the severity of the case and the age of the victim. When there is a specific statute, it applies automatically. Otherwise, discretion may come into play. For first-degree sexual assault of an adult, there is no time limit. Similarly, for first-degree sexual assault of a child, there is also no time limit to prosecute.

However, for other sex crimes involving children, the case must be filed before the victim reaches 45 years old. In the event that the defendant is not a resident of Wisconsin, the statute may be tolled or paused.

Civil Statute of Limitations in Wisconsin

In Wisconsin, the civil statute of limitations defines the time frame within which the plaintiff must file a lawsuit. Otherwise, they run the risk of losing the right to seek recourse or compensation. The core tenet is to maintain the integrity of the legal system and facilitate the resolution of cases. The timeframe depends on the nature of the case.

For some claims wherein the damage may not be immediately apparent, the discovery rule applies. This means the clock will start to tick from when the injury was discovered or should reasonably have been discovered. For instance, per Wis. Stat. section 893.54, cases involving personal injury have a limitation of 3 years. Per Wis. Stat. section 893.55, medical malpractice has a limit of 3 years from the time of the injury or a maximum of 5 years after discovery.

Moreover, the statute may be paused or extended if the case involves a minor, or there are issues involving mental incapacity, or the defender leaves the state. If an individual misses the deadline, they lose the chance of having their case heard in court, except there is a valid exception.

Statute of Limitations for Medical Malpractice in Wisconsin

The medical malpractice statute of limitations in Wisconsin is between 1 and 3 years. The plaintiff must file a lawsuit within 3 years from the date of the injury or a year from the date the injury was discovered. No claims may be made after five years from the date of the alleged negligent action.

However, there are some exceptions to this. For instance, in a situation where a foreign object was left in the plaintiff or the medical practitioner concealed the malpractice, the individual may be granted an extension based on the discovery rule. The law gives room for an extended time of one year, and the clock starts to tick from the date the injury was discovered.

Furthermore, if the plaintiff was below the age of majority at the time of the incident, Wisconsin law permits an extended time to file a lawsuit.

Statute of Limitations for Debt in Wisconsin

In Wisconsin, the statute of limitations for debt payments is the time limit creditors have to file a lawsuit against a debtor. In Wisconsin, it is 6 years from the last payment made. The time starts counting from the previous activity on the loan. Following the expiration of the statute, the debt becomes time-barred. Even though creditors may still attempt to recover the debt, the case cannot be admitted in court.

Also, if the individual makes a payment or acknowledges the debt, this may restart the clock and renew the statute of limitations. In Wisconsin, a debt continues to appear on an individual's credit report for 7 years. However, the negative impact continues to lessen over time.

Statute of Limitations for Child Abuse and Child Support in Wisconsin

In Wisconsin, child abuse is the physical, sexual, or emotional maltreatment of a child by an adult. The statute of limitations for child abuse in Wisconsin sets time limits for survivors of childhood abuse to seek redress. Criminal cases may be filed against an offender for decades after the incident, depending on the type of abuse. However, if the time passes, the case may be dismissed in court as the crime has now been time-barred.

According to Wis. Stat. Ann. § 893.587, civil lawsuits must be filed against the defendant by the time the victim turns 35 years old. Charges for child abuse leading to significant bodily harm should be brought before the victim reaches age 45.

Cases of child support must be filed 10 years after the child attains the age of majority or 10 years after the support obligation no longer holds. However, there is no time constraint to collect unpaid child support. Back payments do not expire.