Discovery Rule Permits Accrual of Survival and Wrongful Death Claims After Decedent's Death
Hinshaw Alert | 1 min read
Jul 1, 2015
On June 23, 2015, the Wisconsin Supreme Court held that the discovery rule permits both survival and wrongful death claims to accrue after the decedent's death. Christ v. Exxon Mobil Corp., 2012AP1493 (Wis. June 23, 2015).
In Christ, a group of workers previously employed at an Eau Claire tire manufacturing facility sued Exxon Mobil and several other companies. The workers alleged that they were exposed to benzene, and, as a result, they were injured and some died. Later, the defendants moved for dismissal of several plaintiffs' complaints. The defendants argued that the plaintiffs' claims were untimely because Wisconsin Statutes Section 893.54 barred recovery for survival and wrongful death claims filed more than three years after accrual, and that the claims could not accrue after the decedents' deaths. The circuit court concluded the claims accrued at death and were barred.
In reaching its decision, the Wisconsin Supreme Court explained that unless the legislature has superseded the discovery rule for a particular tort, the rule must apply to claims for that tort in a way that protects the public policy reasons behind the discovery rule. The court reasoned that there were no policy reasons requiring the wrongful death or survival claims to accrue before or upon death that outweigh those permitting accrual upon reasonable discovery after death. The court cautioned that, because the discovery rule was based on public policy, the rule's application may be weighed against competing public policy considerations.
For more information, please contact Tomislav Z. Kuzmanovic, Craig T. Liljestrand or your regular Hinshaw attorney.
Featured Insights

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Event
May 7, 2026 - May 9, 2026
Anshuman Vaidya Presents on IRS Criminal Tax Enforcement Priorities at the ABA Tax Meeting

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026






