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Wisconsin's standard statute of limitations governing medical malpractice claims is contained in WS §893.55(1m). Basically, a plaintiff seeking to bring a civil action based upon a claim of medical malpractice must commence that action within three years from the date of the injury. WS §893.55(1m)(a).
Wisconsin lawmakers have put a $750,000 cap on noneconomic damages medical malpractice cases. The cap?which can be found at Wisconsin Statutes section 893.55(4)?applies to each occurrence of medical malpractice (no matter how many defendants were involved).
Civil Statutes of Limitations Generally Wisconsin's statutes of limitations range from two to six years depending on the type of case. The statutory clock starts ticking typically on the date of the incident or the discovery of the harm.
A codefendant is one of multiple defendants jointly sued in the same civil action or formally accused of committing the same crime. For instance, if A sues B and C, B and C are codefendants.
While some cases may resolve within the first year or two, many take upwards of 3-5 years before they are concluded. Some medical malpractice cases will settle out of court or during the discovery process, and some cases will go all the way through trial to a jury verdict.
895.04 Plaintiff in wrongful death action. (1) An action for wrongful death may be brought by the personal representative of the deceased person or by the person to whom the amount recovered belongs. (2) If the deceased leaves surviving a spouse or domestic partner under ch.
Wisconsin Medical Malpractice Laws Statute of Limitations and Discovery Rule: you must file a lawsuit within three years from the date of injury or within one year from the date you discovered the injury. However, it is important to note that no more than five year can pass from the date of the act or omission.
Can you sue more than one person or company in one lawsuit? You have the right to sue multiple defendants if each one played a role in causing your injuries or losses. You may also seek compensation from multiple parties in cases involving an employer and employee.