Legal Question in Personal Injury in Wisconsin
wrongful death suit - criminally insane
Would the statute of limitations on a wrongful death suit be suspended if the murderer was insane at the time? He may now be released and deemed sane. Is it too late (22 years is a long time)
1 Answer from Attorneys
Re: wrongful death suit - criminally insane
Disability only affects the running of the statute of limitations if the person with the claim has a disability. Thus, insanity of the potential defendant does not affect the usual statute of limitations. The usual statute of limitations for wrongful death is three years, but the statute of limitations for intentionally causing death is two years. From what you say, it is my opinion that the statute of limitations expired many years ago. In my opinion, it is too late to try to file a civil wrongful death lawsuit, unless the person having the right to file the case had a disability, such as insanity.