Wrongful Death

In Wisconsin, the statute of limitations for wrongful death claims depends on the nature of the case. For general negligence cases, families have three years from the date of death to file a lawsuit. However, if the wrongful death resulted from a motor vehicle accident, the deadline is two years. Missing these deadlines can lead to the court dismissing the case, barring the family from recovering damages.

It is important to understand that exceptions to these rules are rare, and courts strictly enforce filing deadlines. For this reason, families should seek legal guidance as soon as possible after a wrongful death occurs to ensure their rights are protected.

Understanding Wisconsin’s Wrongful Death Statute of Limitations

When a loved one passes away due to the negligence or misconduct of another, Wisconsin law allows surviving family members to seek justice through a wrongful death claim. However, these claims must be filed within a specific period, known as the statute of limitations.

The History and Purpose of Statutes of Limitations

Statutes of limitations have been a fundamental part of legal systems for centuries, originating in ancient Roman law and later influencing English common law.

The primary purpose of these laws is to ensure that legal disputes are resolved within a reasonable timeframe, promoting fairness and efficiency in the judicial system. They serve several key functions:

• Preserving Evidence: Over time, evidence can deteriorate, witnesses may forget details, and records can become lost. Statutes of limitations encourage prompt legal action, helping to ensure that cases are built on reliable evidence.
• Providing Legal Certainty: Defendants should not be subjected to indefinite legal uncertainty. By establishing clear deadlines, statutes of limitations provide a sense of closure and allow individuals and businesses to move forward.
• Encouraging Diligence: These laws incentivize claimants to act promptly in seeking justice, preventing unnecessary delays in the legal process.

Statutes Are There for a Reason

Statutes of limitations play a critical role in the legal system by balancing fairness for both plaintiffs and defendants. In Wisconsin, surviving family members must act within the legally established timeframes to pursue a wrongful death claim. If you believe you have a case, you may want to seek assistance.

At Pemberton Personal Injury Law Firm, we are committed to helping families navigate the complexities of wrongful death claims.