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Wisconsin law

Wrongful Death Laws in Wisconsin.

Wisconsin wrongful-death actions are governed by Wis. Stat. § 895.03 and § 895.04. Suit is brought by the personal representative of the decedent's estate for the benefit of the surviving spouse, children, or — if none — parents, siblings, or other statutory beneficiaries. Wisconsin caps noneconomic damages (including loss of society and companionship) in wrongful-death actions at $500,000 for a minor and $350,000 for an adult under Wis. Stat. § 895.04(4). The statute of limitations is 3 years (Wis. Stat. § 893.54).

Last verified: 2026-04-20

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State law

Statute of Limitations

A Wisconsin wrongful-death action generally must be filed within 3 years of the date of death.

State law

Key Wisconsin Statutes

Wrongful Death ActionWis. Stat. § 895.03

Wisconsin's wrongful-death statute — action brought by the personal representative for the benefit of statutory beneficiaries.

Wrongful Death Damages CapWis. Stat. § 895.04(4)

Wisconsin caps noneconomic wrongful-death damages (loss of society and companionship) at $500,000 for the death of a minor and $350,000 for the death of an adult.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Wisconsin.

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