Wis. Stat. § 893.54

Section 893.54(1)’s three-year period begins when the nature of a personal injury is discovered or reasonably should be discovered, and distinct injuries may accrue at different times.

Meracle v. Children's Service Society · filed 1988-02-10(1)

Since the nature of these injuries could not have been known until Erin’s diagnosis, discovery of this claim for relief did not occur and the statute of limitations did not begin to run until September 27, 1984.

Section 893.54's three-year limitations period begins when a claimant has an objective basis for connecting an injury to the defendant's conduct.

S.J.D. v. Mentor Corp. · filed 1990-11-21

We do conclude under Borello that the statute is triggered when the claimant has an objective basis for determining that the defendant had a role in causing his or her injuries. The results of the exploratory surgery on June 11, 1986 provided S.J.D. with this objective basis.

Section 893.54 allows three years to bring a personal injury action; under the discovery rule, the period does not begin while a plaintiff in a coma cannot reasonably discover the injury or its cause.

Carlson v. Pepin County · filed 1992-02-25

An action to recover damages for injuries to the person shall be commenced within three years. Section 893.54, Stats. ... Under the discovery rule, a cause of action accrues when the plaintiff discovered or, in the exercise of reasonable diligence, should have discovered his injury, its nature, its cause and the identity of the allegedly responsible defendant. ... We agree and conclude that Carlson's action had not accrued during the time he was in a coma because he reasonably could not have discovered his injury or its cause.

Section 893.54 sets a three-year limit for personal injury claims; when the defendant’s identity is unknown, the discovery rule can delay accrual until the plaintiff discovers it or reasonably should have.

Hammack v. DeLonghi, S.P.A. · filed 1996-01-30

Hammack has four personal injury claims that are subject to a three-year statute of limitation. Wis.Stat. § 893.54. ... Because one could conclude that Hammack’s claim accrued less than three years before he filed suit against the defendants, the court must deny summary judgment.

Section 893.54(1)’s three-year period for personal injury claims begins when the claimant discovers, or with reasonable diligence should discover, the injury and its cause.

Hammer v. Hammer · filed 1987-11-19(1)

We hold, as a matter of law, that a cause of action for incestuous abuse will not accrue until the victim discovers, or in the exercise of reasonable diligence should have discovered, the fact and cause of the injury.

Section 893.54 gives adoptive parents three years to bring negligent placement and misrepresentation claims, beginning when they incur unexpected expenses from a child's special needs and can identify the alleged wrongdoer and conduct.

Nierengarten v. Lutheran Social Services · filed 1998-07-01

The Nierengartens' claims accrued at the time their child was diagnosed with Attention-Deficit/Hyperactivity Disorder (ADHD) on March 5, 1990. On March 5, 1990, the Nierengartens began incurring extraordinary medical expenses, i.e., those unexpected expenses arising from their child's special needs. On March 5, 1990, the Nierengartens could identify LSS as the alleged tortfeasor, and they could identify the alleged wrongful conduct. Because the Nierengartens did not file their claims until June 20, 1995, more than five years after the date on which their claims accrued, their claims are barred by the three-year statute of limitations set forth in Wis. Stat. § 893.54.

Section 893.54 gives a plaintiff three years to bring a personal injury claim; discovery of a later injury from the same course of conduct does not restart the limitations period.

Henley v. CR Bard Inc · filed 2019-12-04

Thus, under the discovery rule, her claim accrued by that date. Moreover, under the single-injury rule, the statute of limitations did not restart when the plaintiff later learned that a filter strut had fractured and that the filter could no longer safely remain in her body. Because the plaintiff did not commence this action until more than three years after her claim accrued, it is barred by the statute of limitations.

Section 893.54(1) gives a person three years to bring an injury claim; under the discovery rule, a factual dispute about when the person should have discovered the injury’s cause can prevent summary judgment.

Sawyer v. Midelfort · filed 1999-06-29(1)

Defendants additionally argue that the Sawyers' claim for negligent infliction of emotional distress against Lausted is barred by Wis. Stat. § 893.54, [7] the three-year statute of limitations governing injury to the person. ... With the facts of record, we cannot state that as a matter of law the Sawyers failed to exercise reasonable diligence in discovering the cause of their injury. ... Whether a reasonable person in the Sawyers' position would have done more to discover that their injuries could be attributed to Lausted's negligence is a factual question best left to the fact-finder. Summary judgment should not have been granted on this issue.

Section 893.54(1) requires a personal injury survival claim to be brought within three years of accrual; the discovery rule applies even when the injured person has died.

Estate of Merrill Ex Rel. Mortenson v. Jerrick · filed 1999-11-23(1)

Section 893.54, STATS., requires that an action to recover damages for personal injuries must be brought within three years of the accrual of the cause of action. ... We conclude that the fact the victim is deceased does not preclude the application of the discovery rule to the survival claim.

Section 893.54(1) sets a three-year limit for personal injury claims, with accrual depending on when the plaintiff discovered or reasonably should have discovered the probable cause of the injury.

Baldwin v. Badger Mining Corp. · filed 2003-04-08(1)

Thus, we conclude, the summary judgment submissions establish the existence of a genuine material factual issue — whether Cocroft was reasonably diligent in discovering the possible connection between the respirator masks and the probable cause of his disease.

Section 893.54 gives a plaintiff three years to bring a personal injury claim; the discovery rule does not delay accrual until the plaintiff identifies every potentially liable defendant.

Dakin v. Marciniak · filed 2005-03-08

The parties agree that claims such as Dakin's are governed by Wis. Stat. § 893.54, which establishes a three-year statute of limitations for actions brought to recover damages caused by the "wrongful act, neglect or default of another." ... It is not a promise to suspend limitations until optimal litigation conditions are established, and we decline to expand the rule in that direction.

Section 893.54(1)'s limitations period for a malignant asbestos-related injury begins when the claimant discovers, or reasonably should discover, that distinct condition, even after an earlier action for a non-malignant condition.

Sopha v. Owens-Corning Fiberglas Corp. · filed 1999-10-27(1)

The diagnosis of a malignant asbestos-related condition creates a new cause of action and the statute of limitations governing the malignant asbestos-related condition begins when the claimant discovers, or with reasonable diligence should discover, the malignant asbestos-related condition.

Section 893.54(1)’s limitations period for a negligent failure to warn claim begins when the underlying abuse claim accrues because the negligence claim is derivative.

In Re Archdiocese of Milwaukee · filed 2012-02-24(1)

Accordingly, in the absence of any conflicting authority, this Court concludes that the Claimants’ negligent failure to warn claims are derivative of and accrued at the same time as the original abuse claims, and thus share the same statute of limitations.

Section 893.54(1) gives three years to bring personal injury negligence claims, and claims derivative of an underlying tort accrue when that tort accrues.

Doe 52 v. Mayo Clinic Health System-Eau Claire Clinic, Inc. · filed 2015-04-03(1)

Thus, these claims accrued as a matter of law by the time the underlying tort for medical malpractice accrued— December 31, 2007. Under Wis. Stat. § 893.54(1), plaintiff had until December 31, 2010 to bring this lawsuit. Having instead waited to file on May 29, 2014, his suit is untimely.

A personal injury claim must be brought within three years of accrual, when the plaintiff discovers or reasonably should discover the injury and its probable cause.

Nester v. Biomet Inc · filed 2024-08-30(1m)(a)

Wisconsin law5 provides that any personal injury claim must be brought within three years of the claim’s accrual. Wis. Stat. § 893.54(1m)(a). ... Plaintiff simply has no evidence to rebut the conclusion that he knew, or had reason to know, of the injuries he complains of in this lawsuit at some point in the first half of 2019, which was more than three years before he sued.

Section 893.54’s limitations periods begin when a claim accrues; under Wisconsin’s discovery rule, accrual depends on when the plaintiff discovers or reasonably should discover damage caused by an identified person.

Barkholtz · filed 2026-05-18

In Wisconsin, the limitations window for a tort claim opens when the claim “accrues.” See Wis. Stat. § 893.54. ... Therefore, Wisconsin courts apply the “discovery rule”—“so named because it tolls the statue of limitations until the plaintiff discovers or with reasonable diligence should have discovered that he or she has suffered actual damage due to wrongs committed by a particular, identified person.” Id. ... For that reason, I cannot currently find that the claims against Summit are time barred, so Summit’s motion as to its statute of limitations argument is denied.

Section 893.54’s limitations period is tolled for a compensation insurer’s claim to third-party proceeds when the injured worker starts the action within that period.

Guyette v. West Bend Mutual Insurance · filed 1981-05-12

The statute of limitations relative to personal injury actions is established by sec. 893.54, Stats. ... We believe that in this case, the statute of limitations was tolled by the commencement of Guyette’s third party claim within the limitation period.

Section 893.54(1) sets a three-year limit for personal injury claims; a payment extends that limit only if made before it expires.

Abraham v. Milwaukee Mutual Insurance Co. · filed 1983-10-26(1)

We hold that a property payment does extend the statute of limitations for a personal injury claim but only if made within the three-year limitation period provided by sec. 893.54(1).

Section 893.54(1)'s three-year period for personal injury actions is not extended by an insurer's payment settling another person's property damage claim.

Riley v. Doe · filed 1989-10-26(1)

We therefore conclude that the period within which Riley could commence her action for her personal injuries was not extended by Milwaukee Mutual's payment in settlement of the vehicle owner's property damage claim.

Section 893.54(1) permits parents to file claims for a child’s medical expenses and loss of society and companionship during the period in which the child may file a timely injury claim under the disability tolling statute.

Korth v. American Family Insurance Co. · filed 1983-11-30(1)

In order to allow the minor or the minor’s representative the benefits of a longer limitations period, to encourage the policies underlying the joinder requirement, and to apply a fair and reasonable construction of the statutory provisions, we hold that secs. 893.18 and 893.54 should be construed in this case as allowing the parents’ claims to be filed during the period in which the minor may file his or her claim.

Section 893.54’s three-year limit is tolled for a parent’s negligent infliction of emotional distress claim arising from the same negligent act that injured the parent’s minor child.

Carlson ex rel. Jendrzejek v. Tschopp-Durch-Camastral Co. · filed 1991-02-07

I turn then to the merits of the motion, which is grounded on defendants’ contention that Mary Carlson’s claim for negligent infliction of emotional distress is barred by Wis.Stat. § 893.54, which provides that an action brought to recover damages for injuries to the person must be brought within three years of the date on which it accrues. ... I conclude that the state supreme court would allow a parent the benefit of the minor’s tolling period for claims of negligent infliction of emotional distress arising out of the same negligent acts that caused the minor’s injuries.

Section 893.54(1) sets a three-year limitations period for parents’ negligence claims arising from injury to a child.

Bell v. County of Milwaukee · filed 1986-11-25(1)

The cause of action created by Shockley inured to the benefit of parents of children. The applicable statute of limitations in these negligence actions is three years. 893.54(1), Stats.

Section 893.54(1) sets a three-year limitations period for personal injury claims.

Scott v. First State Insurance · filed 1989-06-08(1)

Wisconsin's applicable period of limitation is three years. Sec. 893.54(1), Stats.

Section 893.54 gives a plaintiff three years to bring a negligence action; a disputed question of intent can prevent summary judgment based on the shorter period for intentional torts.

Gouger v. Hardtke · filed 1992-04-09

Because the statute of limitations for an intentional tort is two years, sec. 893.57, Stats., and the statute of limitations for negligence actions is three years, sec. 893.54, Stats., a party may not allege an intentional tort action in negligence language in order to avoid the statute of limitations. ... Because Gouger's complaint states a cause of action for negligence, and because there exists a genuine issue of material fact regarding Hardtke's intent, summary judgment dismissing Gouger's action was improper.

Section 893.54(1) bars a personal injury action filed more than three years after the injury when no extension applies.

Parr v. Milwaukee Building & Construction Trades · filed 1993-05-11(1)

In conclusion, because Parr's action was not commenced within three years of her injury as mandated by sec. 893.54, Stats., the action was untimely filed and properly dismissed.

Section 893.54 permits an action to be filed on the third anniversary of accrual because the accrual day is excluded when computing its three-year period.

Pufahl v. Williams · filed 1993-10-26

Finally, Williams argues that the word "within" in sec. 893.54, Stats., implicitly excludes the anniversary date. "Within" three years, he suggests, equals "inside" three years which equals "before" three years, thereby excluding the anniversary date. We hold that "within," under sec. 990.001, Stats., of necessity, includes the anniversary date as well when the statute excludes the first day in time computation.

Section 893.54 bars personal injury claims filed after three years unless an amended claim relates back to a timely complaint.

Biggart v. Barstad · filed 1994-02-15(1)

Thus, under § 893.54, Stats., these claims are barred unless they ... relate back to the original complaint under § 802.09(3), Stats.

Section 893.54 provides a three-year limitations period for the claim against the Archdiocese, beginning when the cause of action accrued against the priest.

Pritzlaff v. Archdiocese of Milwaukee · filed 1995-06-27

The relevant statute of limitations for actions against the Archdiocese is three years. See sec. 330.205, Stats. (1963), and its successor, sec. 893.54, Stats. (1993-94). The three year period begins on the same date that the cause of action accrued against Fr. Donovan.

Section 893.54(1m) sets a three-year limitations period for claims seeking damages for personal injury.

Cira v. Boston Scientific Corporation · filed 2022-10-25(1m)

Boston Scientific correctly asserts that the applicable statute of limitations is three years, based on the limitations period for claims attempting to recover damages for injury to a person.

In 2013, § 893.54 provided a three-year limitations period for negligence claims involving injury to a person.

Williams, Yusef v. Thorpe · filed 2022-12-13(1)(a), (1m)(a)

In 2013, the statute of limitations for negligence claims involving injury to a person was also three years. Wis. Stat. § 893.54(1)(a). Finally, in 2013, the statute of limitations for negligence claims involving injury to a person also was three years. Wis. Stat. § 893.54(1m)(a). ... Applying these statutes here, all of Williams’ state-law claims were untimely when he filed this lawsuit in January of 2020.

Section 893.54(1) gives a person three years to bring a personal injury suit; another party’s timely claim against the same defendant does not extend that period.

Strassman v. Muranyi · filed 1999-03-18(1)

Section 893.54(1), Stats., requires that all personal injury suits be brought within three years of the date of injury or the date that the victim discovers (or should discover) that he or she has been injured. ... The fact that Muranyi filed a similar suit against General Casualty within the statutory period does not extend the statutory period for others to file similar suits.

Section 893.54 gives a person three years from the date of an accident to file a negligence claim for personal injuries against the tortfeasor’s liability insurer.

Thom v. OneBeacon Insurance · filed 2007-03-06

Under Wis. Stat. § 893.54, Rose had three years from the date of the accident to file a claim against OneBeacon based on Jean's negligence. The three years expired April 14, 2004, well before Rose's amended complaint was filed.

Section 893.54(1)'s three-year deadline for personal injury actions applies to an insurer's subrogation claim against the tortfeasor.

Schwittay v. Sheboygan Falls Mut. Ins. Co. · filed 2001-05-09(1)

Wisconsin Stat. § 893.54(1) provides that an action to recover damages for injuries to the person shall be commenced within three years. ... We hold that Sheboygan Falls' claim was subject to the three-year statute of limitations governing subrogation actions and that its subrogation action was untimely under this test.

Section 893.54 requires a negligence claim to be brought within three years.

Kuhn v. Finnegan · filed 2005-03-02

To the extent Kuhn stated a claim for negligence or an intentional tort, those claims are likewise time-barred. See Wis. Stat. § 893.54 (negligence claim must be brought within three years); Wis. Stat. § 893.57 (intentional tort claim must be brought within two years).

Section 893.54 gives a person three years to bring a negligence action for personal injury.

Walberg v. St. Francis Home, Inc. · filed 2005-06-02

Under Wis. Stat. § 893.54, she had three years to bring her negligence action.

Section 893.54 gives negligence-based personal injury claims a three-year limitations period.

Bonchek v. Nicolet Unified School District · filed 2019-12-23

In Wisconsin, the statute of limitations for any negligence-based claim, including all of Bonchek’s employer negligence claims, is three years from the date the claim accrued. Wis. Stat. § 893.54.

Section 893.54 sets a three-year limit for personal injury negligence claims, measured here from the date of injury.

Bowens v. Schrubbe · filed 2020-07-13

As the court noted in its screening order, it appeared that any state law negligence or medical malpractice claims were barred by the three-year applicable statutes of limitation. See Wis. Stat. §§ 893.54 and 893.55(1m). ... Regardless of Bowens’ failure to challenge Defendants’ argument on his state law claims, the court agrees that the statute of limitations bars his claims. Over three years passed between the date of the alleged injury, September 26, 2013, and the date Bowens’ complaint was filed before this court, August 14, 2017. His state law claims are therefore time-barred.

Wis. Stat. § 893.54(1m)(a) gives a plaintiff three years from the date of injury to file a personal injury claim.

Faxel v. Wilderness Hotel & Resort, Inc. · filed 2020-08-10(1m)(a)

Under Wisconsin law, plaintiffs had three years from the date of injury to file suit. Wis. Stat. § 893.54(1m)(a).

Section 893.54 provides a three-year limitations period for these claims when the defendants have not shown that the six-month period for governmental agents applies.

Estate of Ruth Freiwald v. Fatoki · filed 2020-11-16

Accordingly, Wisconsin’s three-year statute of limitations, rather than section 893.80(1g)’s six-month statute of limitations, applies in this case. See Wis. Stat. § 893.54.

Section 893.54(1m)(a) gives a person three years from discovering an injury to file a personal injury claim.

Grover, Christopher v. Ford Motor Company · filed 2021-10-06(1m)(a)

Plaintiff then had three years from the date on which he knew of his injuries in which to file suit against defendant Ford Motor Company. Wis. Stat. § 893.54(1m)(a).

Section 893.54(1m)(a) sets a three-year limitations period for personal injury claims.

Domzil v. Jeuck · filed 2021-12-10(1m)(a)

By that date, the three-year statute of limitations on any personal injury claim had run. See Wis. Stat. §893.54(1m)(a).

Section 893.54(1m)(a) requires an action for personal injuries arising from a motor vehicle accident to be commenced within three years.

Winston v. Continental Automotive Systems Inc · filed 2022-09-02(1m)(a)

Pursuant to Wis. Stat. § 893.54(1m)(a), an “action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle,” shall be “commenced within 3 years or be barred.” Plaintiff’s second amended complaint was filed on February 18, 2022, but states that the accident occurred on December 9, 2018. Dkt. No. 34. Therefore, Plaintiff’s second amended complaint is plainly barred by Wisconsin’s three-year statute of limitations, as it was required to be filed on or before December 9, 2021.

Section 893.54(1) gives a negligence claim three years from accrual to be filed.

John Doe 1 v. Archdiocese of Milwaukee · filed 2007-07-11(1)

Therefore, if the claim for negligent supervision accrued in 1982, when Linneman alleges he was last assaulted by Becker, the statute of limitations would still be three years, Wis. Stat. § 893.54(1) (1981-82), but it would be tolled for two years after Linneman reached the age of 18.

Section 893.54(1) sets a three-year limitations period for negligence claims, running from accrual.

In re Archdiocese of Milwaukee · filed 2013-01-31(1)

The Wisconsin statute of limitations for negligence is three years from when the claim accrues. Wis. Stat. § 893.54(1) (2009-10). It is unclear whether the Claimant is making any negligence-based claims. To the extent he is, those claims relate back to the date of his abuse in 1963, and the statute of limitations has expired.

Section 893.54 supplies Wisconsin’s limitations period for §1983 claims; claims accruing before the 2018 change receive the former six-year period.

Murphy v. Wisconsin Department of Corrections · filed 2021-04-20

In Wisconsin, the limitation period for §1983 cases is the three-year period in Wis. Stat. §893.54 (2018). Before 2018, however, the limitation period for such cases was six years. ... That means he gets the benefit of the longer, six-year limitation period.

Wis. Stat. §893.54 supplies a three-year limitations period for §1983 claims arising in Wisconsin that accrued on or after April 5, 2018.

Tallman v. Gugler · filed 2022-11-17

The limitation period for §1983 claims arising in Wisconsin is the three-year limitation period in Wis. Stat. §893.54 (2018).

Section 893.54 supplies a three-year limitations period for Wisconsin personal-injury claims accruing on or after April 5, 2018.

Saffold v. Fuller · filed 2023-06-09

The limitation period for §1983 cases arising in Wisconsin is the three-year limitation provision in Wis. Stat. §893.54 (2018). That three-year limitation period applies to causes of action accruing on or after April 5, 2018.

Section 893.54's three-year limitations period applies to personal injury counterclaims.

Donaldson v. West Bend Mutual Insurance · filed 2009-08-04(1)

For these reasons, we conclude that the three-year statute of limitations found in Wis. Stat. § 893.54 applies to Berg's counterclaim.

Section 893.54(1m)(a) sets a three-year limitations period for personal injury claims.

WILKERSON v. 3M COMPANY · filed 2022-03-08(1m)(a)

Under Wisconsin law, Wilkerson’s personal injury and fraud claims are subject to a three year statute of limitations. Wis. Stat. § 893.54(1m)(a) (stating the statute of limitations for personal injury claims); Wis. Stat. § 893.93(1m)(b) (stating the statute of limitations for fraud claims).

Section 893.54 sets a three-year limitations period for personal injury claims.

Conner, Arthur v. Nehls, Teresa · filed 2022-05-25

The Wisconsin statute of limitations for medical malpractice claims is three years, Wis. Stat. § 893.55(1m), and so is the statute of limitations for personal injury claims, Wis. Stat. § 893.54.

Section 893.54 imposed a three-year limit on negligent personal injury claims arising in 2017.

Jensen, Jeremiah v. Gunnufson, Lisa · filed 2023-02-22

In 2017, claims for negligent personal injury were barred at three years.

Section 893.54 sets a three-year limitations period that would bar a personal-injury negligence claim served more than three years after the injury.

Christian v. Birch · filed 2009-03-24

The district court correctly determined that there was an outcome-determinative conflict between the Minnesota and Wisconsin statutes of limitations. Minnesota has a six-year statute of limitations for negligence actions. Minn.Stat. § 541.051 (2006). Wisconsin has a three-year statute of limitations. Wis. Stat. § 893.54 (2005-06). The collision occurred on January 9, 2004, and the complaint was not personally served on Birch until after May 18, 2007. Christian's claims are time-barred under Wisconsin's statute of limitations.

Section 893.54 sets a three-year limitations period for personal injury claims and related breach of warranty claims.

Williams v. Smith & Nephew Inc. · filed 2020-01-24(a)

In Wisconsin, personal injury claims—and breach of warranty claims arising therefrom—are subject to a three-year statute of limitations.

Section 893.54(1m)(a) gives claimants three years after accrual to bring an action for personal injuries arising from a motor vehicle accident.

Tischauser v. Donnelly Transportation Inc · filed 2023-12-05(1m)(a)

Wisconsin’s three-year statute of limitations on personal injury actions, Wis. Stat. § 893.54(1m)(a), does not bar all of the plaintiffs’ claims against Mode and Sysco. ... However, because the Demitrious did not file an action naming Mode and Sysco as defendants before January 24, 2023, the statute of limitations provides an additional reason, at least as to them, to dismiss Mode and Sysco as defendants in this action.

Section 893.54 sets a three-year limit for actions seeking damages for death caused by a wrongful act; that limit did not bar a claim filed less than two years after accrual.

Bell v. City of Milwaukee · filed 1984-09-04

Wis.Stat. § 893.54 (1983) states that an action brought to recover damages for death caused by the wrongful act of another must be brought within three years. ... Since this action was filed in 1979, the conspiracy claim was filed less than two years after accrual and thus is not barred by either statute of limitations. And for the reasons discussed below, neither statute can be applied to bar the Section 1983 claims.

Section 893.54(2) provides a three-year period for wrongful death actions.

Nancy L. Tillett, Administratrix of the Estate of Stephen M. Tillett v. J.I. Case Company · filed 1985-03-11(2)

Finally, this court agrees that Tillett’s action is untimely under Indiana’s two-year statute of limitations for wrongful death actions, Ind.Code Ann. § 34-1-1-2 (Burns Supp.1984), but timely under Wisconsin’s three-year wrongful death rule. Wis.Stat. § 893.54(2) (1981-82).

Section 893.54(2) gives a wrongful death claim three years from the date of death to be filed.

Jaeger v. Raymark Industries, Inc. · filed 1985-05-30(2)

Actions for wrongful death are governed by the three-year period of limitation in Wis.Stat. § 893.54(2). In contrast to a survival claim, however, a wrongful death claim accrues at the time of death.

Section 893.54(2)'s three-year limit for wrongful death actions does not govern deaths caused by medical malpractice; § 893.55(1) governs those claims.

Estate of Hegarty Ex Rel. Hegarty v. Beauchaine · filed 2001-10-30(2)

The Hegartys contend that the general statute of limitations concerning injury to the person, found in WIS. STAT. § 893.54, [3] should be applied to their wrongful death claim. We disagree and conclude that wrongful death claims caused by medical malpractice are subject to the specific statute of limitations concerning medical malpractice, found in WIS. STAT. § 893.55(1).

Section 893.54(2) sets a three-year period for wrongful death actions, but claims arising from medical malpractice are governed by § 893.55.

Estate of Genrich v. OHIC Ins. Co. · filed 2009-07-07(2)

However, as indicated above, we do not agree that Wis. Stat. § 893.54(2) is the operative statute of limitations for Kathy's claim, because her claim arises from alleged medical malpractice.

Section 893.54(2)'s three-year period for wrongful death claims may begin after the decedent's death when the beneficiary discovers or reasonably should discover the claim.

Christ v. Exxon Mobil Corporation · filed 2015-06-23(2)

We agree with the plaintiffs and hold that the discovery rule permits the accrual of both survival claims and wrongful death claims after the date of the decedent's death.

Section 893.54(1) sets a three-year limit for damages actions involving injuries to the person; the court found § 893.53 more applicable to civil rights claims.

Saldivar v. Cadena · filed 1985-11-27(1)

Wis.Stat. § 893.54(1) provides a three year statute of limitations for “injuries to the person.” ... The Wisconsin statute governing actions to recover damages for an injury to “character or rights” is more closely analogous to the spirit of § 1983 than is the statute governing personal injury actions, and under Garcia, it is the appropriate statute of limitations to apply in § 1983 actions.

Section 893.54 does not supply the limitation period for § 1983 claims in Wisconsin; the residual personal injury statute, § 893.53, applies.

D'Acquisto v. Love · filed 2020-10-08

Officer Love argues that Wis. Stat. § 893.54 bars claims for negligent personal injury at three years and alternatively, Wis. Stat. § 893.57 bars claims for intentional torts at two years. Officer Love looks to the wrong statutes.

Section 893.54 supplies the three-year limitations period for Wisconsin §1983 claims accruing on or after April 5, 2018.

The Estate of Brian Collins v. Milwaukee County · filed 2023-06-29

The limitation period for §1983 cases arising in Wisconsin for causes of action accruing on or after April 5, 2018 is the three- year limitation provision in Wis. Stat. §893.54 (2018).

Section 893.54 supplies a three-year limitations period for Wisconsin personal injury claims, including the period applied to §1983 claims arising in Wisconsin.

Balderas v. Gonzalez · filed 2024-06-28

The limitation period for §1983 cases arising in Wisconsin for causes of action accruing on or after April 5, 2018 is the three- year limitation period mandated by Wis. Stat. §893.54 (2018).

Section 893.54’s three-year limitation period applies to Fourth Amendment §1983 claims for personal injuries; a claim filed after that period is untimely absent tolling.

Rose v. Ayala · filed 2024-12-23

The defendants have shown that the plaintiff did not timely file his §1983 complaint, and the plaintiff has not demonstrated that he is entitled to equitable tolling.

Section 893.54 supplies a three-year limitations period for Wisconsin §1983 claims accruing on or after April 5, 2018.

Zink v. Labby · filed 2024-03-14

The limitation period for §1983 claims arising in Wisconsin is the three-year limitation provision found in Wis. Stat. §893.54 (2018).

Section 893.54 supplies a three-year limitations period for §1983 actions arising in Wisconsin.

Rose v. Ayala · filed 2024-07-07

The limitation period for §1983 actions arising in Wisconsin is the three-year limitation provision in Wis. Stat. §893.54 (2018).

Section 893.54’s three-year limitation period applies to Wisconsin § 1983 claims arising in 2020.

Rose v. Ayala · filed 2024-07-23

The court provided that same information in the previous order in this case and explained that because in this case, the plaintiff’s allegations are from October 23, 2020, the post-2018, three-year limitation period applies to his claims.

Section 893.54 sets a three-year limitations period for personal injury claims, which courts apply to § 1983 claims arising in Wisconsin.

Hying v. Does · filed 2024-07-24

Wisconsin’s personal injury statute of limitations is three years. Wis. Stat. § 893.54.

Section 893.54 supplies a three-year limitations period for Wisconsin §1983 claims accruing on or after April 5, 2018.

Neumann v. City of Franklin Police Department · filed 2024-08-21

The limitation period for §1983 claims arising in Wisconsin is the three-year limitations provision found in Wis. Stat. §893.54 (2018). ... The three-year limitation period applies to causes of action accruing on or after April 5, 2018. ... Even assuming the plaintiff has a federal claim regarding the taking of his property, it is too late to bring that claim under §1983.

Section 893.54 provides a three-year limitations period for Wisconsin personal injury claims arising on or after April 5, 2018, including §1983 claims.

Miller v. Sheriff's Department Staff of Criminal Justice Facility · filed 2024-08-29

The limitation period for §1983 claims arising in Wisconsin is the three-year limitation provision in Wis. Stat. §893.54 (2018).

Section 893.54 supplies a three-year limitation period for §1983 claims arising in Wisconsin when the cause of action accrued on or after April 5, 2018.

Rucker v. Severson · filed 2024-10-11

The limitation period for §1983 cases arising in Wisconsin is the three-year limitation provision found in Wis. Stat. §893.54 (2018). ... Because the alleged harm occurred after April 5, 2018, the three-year limitations period applies. Under that statute, the plaintiff was required to bring his lawsuit about this incident no later than March 2023.

Section 893.54 supplies a three-year limitations period for Wisconsin §1983 claims accruing on or after April 5, 2018.

Raglin v. State of Wisconsin · filed 2025-04-23

The limitation period for §1983 cases arising in Wisconsin is the three-year limitation period prescribed by Wis. Stat. §893.54 (2018). ... The three-year limitation period applies to causes of action accruing on or after April 5, 2018.

Section 893.54 provides a three-year limitations period for injuries to the person, including negligence claims.

Collins · filed 2025-11-18

Collins’s claims for negligent retention and supervision, negligence, and defamation are also subject to three-year limitations periods. Wis. Stat. §893.54 (establishing a three-year limitations period for injuries to “the person” generally, including negligence); Wis. Stat. §893.57 (establishing a three-year limitations period for defamation and intentional torts).

Section 893.54’s three-year limit applies to personal injury suits against governmental bodies; the claim-disallowance period in § 893.80(1)(b) imposes an additional limit.

Schwetz v. Employers Ins. of Wausau · filed 1985-08-27

We therefore read sec. 893.54 as applicable in all personal injury cases and sec. 893.80(1) (b) as an auxiliary limit triggered when the governmental entity serves the notice of disallowance required.

Section 893.54(1)'s three-year limit for injuries to the person does not cover tort claims for legal malpractice.

P.V.N. Acharya v. Carroll · filed 1989-09-21(1)

Nor does sec. 893.54(1), Stats., the three-year limitation on actions to recover damages for "injuries to the person," cover a tort action for legal malpractice. The term "injuries to the person" connotes bodily injuries, whether physical or emotional.

Section 893.54(1) applies to suits alleging injuries to the person; its three-year period does not govern § 1983 claims alleging deprivation of constitutional rights.

Kohlbeck v. Village of Pulaski · filed 1991-03-14(1)

Section 893.53 of the Wisconsin Statutes is the limitations statute applicable for suits alleging injuries to an individual’s "character or rights” while § 893.54(1) is applicable for suits alleging "injuries to the person” (quoting pertinent statutes).

Section 893.54 does not govern personal injury claims against podiatrists covered by the more specific medical malpractice limitations statute.

Clark v. Erdmann · filed 1991-04-23

Given that 893.55, Stats., includes podiatrists as "health care providers," that statute, and not sec. 893.54, constitutes the applicable statute of limitations in the instant case.

Section 893.54's three-year personal injury limitation applies to negligence claims against blood banks for improperly screening donors or testing blood.

Doe v. American National Red Cross · filed 1993-06-03(1)

However, under the personal injury statute of limitations, sec. 893.54, Stats., the claims are not barred because they were filed within three years of the date on which John Doe discovered his injury.

Section 893.54’s personal injury limitation period does not govern dental malpractice claims because § 893.55 applies to those claims.

Ritt v. Dental Care Associates, S.C. · filed 1995-12-28(1)

We conclude that the statute of limitations, § 893.55, Stats., ... relating to malpractice actions against health care providers, applies to claims against dentists, rather than the personal injury statute of limitations, § 893.54, Stats.

Section 893.54’s general personal injury limitations period does not govern claims against chiropractors, who are health care providers subject to § 893.55.

Arenz v. Bronston · filed 1999-01-21

Section 893.54 allows a claimant to file suit within three years of discovering the harm or injury caused by the negligent act, whereas § 893.55 only allows a claimant to file suit within one year of discovering the harm or injury caused by the negligent act. The resolution of this issue ultimately depends on whether chiropractors are "health care providers" under § 893.55. We conclude that they are.

Section 893.54’s three-year limit for personal injury actions does not govern professional negligence claims against licensed optometrists; section 893.55 governs those claims.

Webb v. Ocularra Holding, Inc. · filed 1999-12-28(1)

Webb argues that the statute of limitations found in Wis. STAT. § 893.54 applies to his action, not the medical malpractice statute of limitations found in Wis. Stat. § 893.55. ... Thus, we conclude that the medical malpractice statute of limitations applies to Webb's action seeking damages from Dr. Knutzen for alleged professional negligence.

Section 893.54 applies only to bodily injury and wrongful death actions, not claims for injury to personal property.

Schimpf v. Gerald, Inc. · filed 1999-05-14

Defendants’ reliance on § 893.54 is misplaced, though. That section applies only to actions for “injuries to the person” and for “death caused by the wrongful act, neglect or default of another.” Wis.Stat. § 893.54. Thus, it applies only to bodily injuries.

Section 893.54(1) imposes a three-year limit for bodily injury claims; legal malpractice claims do not fall under it merely because they include emotional distress damages.

Hicks v. Nunnery · filed 2002-03-28(1)

In short, although the injuries for which Hicks sought recovery no doubt caused him emotional distress, it would be incorrect to label his claim for that reason as "primarily" one for "injuries to his person" within the meaning of Wis. Stat. § 893.54.

Section 893.54(1m)(a) sets a three-year period for personal injury actions, but § 893.587 governs claims for injuries caused by the enumerated child sexual assaults.

Fleming v. Amateur Athletic Union of the United States, Inc. · filed 2022-07-14(1m)(a)

Accordingly, the court’s application of § 893.54 in John Doe 1 as the limitation statute is irrelevant here. ... In sum, WIS. STAT. § 893.587 is the applicable limitation statute for Fleming’s negligent hiring and supervision action against AAU because Fleming’s action is one to recover damages for an injury that was caused by a violation of one or more of ... the enumerated statutes in the first clause of § 893.587.

Section 893.54(1m)(a) gives a person three years to bring an action for personal injuries, subject to applicable extensions.

Fleming v. Amateur Athletic Union of the United States, Inc. · filed 2023-05-17(1m)(a)

The governing statute of limitations is instead the three-year period under Wis. Stat. § 893.54(1m)(a).

A personal injury action can satisfy Section 893.54’s three-year limit when a complaint naming fictitious defendants is amended before the limit expires and the defendants are served within sixty days of the amendment and expiration, without prejudice.

Lavine Ex Rel. Ladd v. Hartford Accident & Indemnity Co. · filed 1987-06-16

An action to recover damages for personal injuries is barred unless commenced within three years of the injury. Section 893.54, Stats. ... We conclude that serving Mann Bros, within sixty days of filing the amended summons and complaint and within sixty days of the limitation period’s expiration constitutes timely notice.