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Help intentional tort discovery

Park Falls, WI |

I discovered the identity of the tortfeasor this year. Per Wisc. Stats. 893.57 intentional torts: a cause of action does not accrue until the plaintiff knows the tortfeasor's identity or reasonably should have discovered it. The plaintiff has 3 years to file a claim after the discovery is made.

However, the conduct/act by the person occurred four years ago. The statute was amended two years ago, changing the discovery time from 2 years, to 3 years.

My question is, which discovery rule applies? 2 years, as it was before the amendment? or 3 years? Again, I discovered the identity of the tortfeasor this year and had no way to know any sooner.

Attorney Answers 2


  1. Best answer

    Difficult to say without going back to the changes in enacting bill that amended the law from 2 to 3 years to see what might also be included on that issue. But...I think the answer is it shouldn't matter, if you have only recently discovered (say within the year) who the tortfeasor was....you have either 2 years or 3 years in which to bring your claim AFTER THE DISCOVERY ,under those statutes/ law and the discovery rule, so you are still within the SOL for either one In a situation as you describe.

    Here is the case to look at on the discovery rule that you cited:
    A cause of action does not accrue until the plaintiff knows the tortfeasor's identity or reasonably should have discovered it. Spitler v. Dean, 148 Wis. 2d 630, 436 N.W.2d 308 (1989).
    Go to Google Scholar to take a look at it.
    Good luck.

    The above is general legal information that may or may not apply in your state. You should use this information only as a general guideline in determining what the laws and regulations of your state or jurisdiction require or allow. Posting a response to your question or issue does Not create an attorney-client relationship and I AM NOT providing you legal advice, only limited and incomplete guidance based upon limited and incomplete information. You should consult directly with an attorney whom you have retained and to whom you have provided All the Facts, before you take any steps that may impact ANY of your legal rights.


  2. Check the case law which cites that statute for a possibly decision already handed down on your issue.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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