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

State law

Statute of Limitations

3 yearsWis. Stat. § 893.54

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

Wisconsin Legislature — Chapter 895 (Damages, Liability)

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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Wrongful Death Laws in Wisconsin.

Statute of Limitations

Key Wisconsin Statutes

Official Sources

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