Wisconsin at a glance
Wisconsin allows three years for injuries to the person, including motor vehicle accidents.[1] Notice of a claim against a governmental body is due within 120 days.[2] A plaintiff whose negligence is greater than the defendant’s cannot recover.[3] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[4]
Filing deadlines
Wis. Stat. § 893.54(1m)(a)
the following actions shall be commenced within 3 years or be barred: (a) An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle.
Source: [1]
In plain English, most injury lawsuits in Wisconsin, including car crash claims, must be filed within three years.[1]
Governmental bodies: Wis. Stat. § 893.80(1d)(a)
Within 120 days after the happening of the event giving rise to the claim, written notice of the circumstances of the claim signed by the party, agent or attorney is served on the volunteer fire company, political corporation, governmental subdivision or agency
Source: [2]
Shared fault
Wis. Stat. § 895.045(1)
Contributory negligence does not bar recovery in an action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if that negligence was not greater than the negligence of the person against whom recovery is sought
Source: [3]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
The Wisconsin Office of the Commissioner of Insurance states that a policy “must provide the following minimum liability coverage: $25,000 for injury or death of one person, $50,000 for injury or death of two or more people, $10,000 for property damage.”[4] Wisconsin is not one of the no-fault states.[5]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Wisconsin?
In plain English, most injury lawsuits in Wisconsin, including car crash claims, must be filed within three years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Wis. Stat. § 893.54. Wisconsin Legislature. https://docs.legis.wisconsin.gov/statutes/statutes/893/V/54
- Wis. Stat. § 893.80. Wisconsin Legislature. https://docs.legis.wisconsin.gov/statutes/statutes/893/VIII/80?view=section
- Wis. Stat. § 895.045. Wisconsin Legislature. https://docs.legis.wisconsin.gov/statutes/statutes/895/i/045?view=section
- Wisconsin Office of the Commissioner of Insurance. “Frequently Asked Questions – Automobile Insurance.” https://oci.wi.gov/Pages/Consumers/PI-233.aspx
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
