Legal Question in Medical Malpractice in Wisconsin

Re: statute of limitations

Three years. However, if the person causing the death was an employee of the state of Wisconsin, a notice of claim must be properly served upon the state attorney general within 120 days in a non-medical malpractice situation or within 180 days if the death was caused by medical negligence. See Wis. Stat. sec. 893.82 (2001-2002).

Re: statute of limitations

Wisconsin Statute Sec. 893.54 states: "The following actions shall be commenced within 3 years or be barred:...2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another." For more details about Wisconsin's wrongful death law see my web site's Wisconsin wrongful death law page.

Re: statute of limitations

There is normally a three year statute of limitations in Wisconsin in pursuing a wrongful death claim. There may be some different notice requirements and other time deadlines depending on the type of incident that lead to the death and who the potential defendants might be. Without more information as to the facts of the case, it is difficult to give you more specific information. If you would like to call me or e-mail me with more detailed information, I might be able to provide you with more specific information.