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In reaching its decision, the Wisconsin Supreme Court explained that unless the legislature has superseded the discovery rule for a particular tort, the rule must apply to claims for that tort in a way that protects the public policy reasons behind the discovery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

In The News
Jun 23, 2026
Michael Dowell Explores New OIG Compliance Expectations for MAOs

Press Release
Jun 23, 2026
Jennifer Driscoll Reappointed as the ABA Antitrust Law Section Co-Chair of Comments

Press Release
Jun 22, 2026
Hinshaw Named a Client Service Standout Firm in BTI Consulting Client Service A-Team 2026

In The News
Jun 22, 2026
Lucy Wang Discusses California Insurance Solvency Regulation Addressing Climate Risks

Press Release
Jun 22, 2026
Justyna Regan Appointed Co-Chair of the CBA’s International and Foreign Law Committee

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 18, 2026
Three Key Mortgage Enforcement Developments for Lenders in Illinois

In The News
Jun 12, 2026
Jennifer Driscoll Discusses Antitrust Case Against Shipping Container Manufacturers







