What is a Tort Case, and What does it Involve in Wisconsin?
In Wisconsin, a tort case is a civil wrong suffered by an individual because of a breach in duty owed by another entity. ‘Entity’ here may be an individual or a business. Businesses may also be private or government-owned. When the injured party files a suit, it can recover financial damages for the injuries or losses incurred. The Small claims Courts in the state handle cases of monetary liability of up to $5000. Higher values of tort cases are under the jurisdiction of Civil Divisions of Circuit Courts the state. There must be an injured person, as well as an alleged party to file a tort case.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What is Wisconsin Tort Law?
Wisconsin Tort Law is a body of legal theories and rules that govern civil injury cases in the state. Four elements feature in a tort case:
- Duty (responsibility): there is the duty of care that an alleged party owes the injured individual
- Breach of duty: there was a failure of duty, leading to a breach
- Cause: the breach of duty must be the direct cause of the injury
- Injury: Injury could be in the form of physical/ bodily harm, loss of property or value, or even life, as in wrongful deaths.
Torts may be a negligent, intentional, or absolute liability. Negligent liability is the result of carelessness, as is the case in medical malpractice. Intentional tort reflects willfulness from the offender in perpetrating the act. An example is false imprisonment. Strict liability is often the case in product liability where there is no intent, but the product is defective.
While injured persons can file a personal injury lawsuit against a private entity in the court of law, filing a lawsuit against a government agency is not the same. Wisconsin laws of tort confer some immunity on the state. It means there are only a few exceptions where the state becomes liable.
What Kinds of Cases are Covered by Tort Law in Wisconsin?
Some tort cases in Wisconsin include:
- Airplane product liability
- Assaults, slander
- Government employees liability
- Marine Product liability
- Medical malpractice
- Auto vehicle product liability
What are the Differences Between Criminal Law and Tort Law in Wisconsin?
The interpretation of tort law and Criminal Law pans out differently in the following ways:
- The focus of the law: criminal law focuses on the wrongdoer and the commensurate punishment, while tort law focuses on the plaintiff and the damage incurred.
- Court ruling: criminal law adjudication seeks to punish the wrongdoer in a manner that serves as a deterrent to other members of the society. Tort law, on the other hand, rules to compensate the injured individual without exploiting the defendant.
- Judicial process: the judicial process of criminal law is more detailed and meticulous than tort law. It takes longer to conclude a criminal judicial process than tort. This is because the case’s outcome must leave no room for doubt as to who the convicts are in the case. Tort laws are more relaxed and are interpreted as is unique to each case.
What is the Purpose of Tort Law in Wisconsin?
The primary purpose of tort law is compensation for injured persons and a deterrent to potential violating parties. The state tort law also enforces policies that do not precisely reflect the legislative opinions of the state. An example is tort reform policies that determine a claim as either genuine or frivolous.
What is a Tort Claim in Wisconsin?
A tort claim is a notice filed by the injured party to the alleged entity about the wrongdoing and the injuries sustained as a result. A tort claim comprises the basic elements of tort that sustain the fact the injuries sustained were due to the breach of duty by the alleged. The Wisconsin tort laws also uphold a statute of limitations as per claims filed against individuals or government agencies in the state.
How Do You File a Tort Claim in Wisconsin?
- Determine which court to file the case. Small claims court divisions in-circuit Courts handle cases of personal injury of values of $5000. Parties must file larger monetary values for personal injury suits with the civil courts.
- Determine which local courthouse to file the case. The type case determines which court to file the suit. Suing parties must file with the courthouse where the claim arose. The Wisconsin Court system operates an interview-based document filing system to help determine how to file the claim. It costs $94.50 to file small claims. Parties unable to pay are redirected to complete a form requesting a fee waiver.
- The procedure differs a bit if a government-owned agency is a defendant. The Civil Litigation Unit of the Department of Justice receives Notice of Claims from filing parties. Under Wis. Stat. Section 893.82, a notice of claims must get to the Attorney General’s desk within 120 days of the incident to be considered. Complete the Notice of injury and claims form, notarized it, and submit it to:
114 East State Capitol
Madison, WI 53707
What Does a Tort Claim Contain in Wisconsin?
The following are essential components of Notice of Injury and Claims Form in Wisconsin:
- Name of claimant
- Address and Phone numbers
- Date, time and location of the event
- A descriptive statement of the circumstances leading to the injury and subsequent claims
- Names of involved government representatives (officer, agent or employee.
What Happens after a Tort Claim is Filed in Wisconsin?
If the defendant is a private entity, the tort claim papers are served to him or her. The summons served indicates a period from service during which the defendant must respond s. Private defendants may do so by acknowledging and requesting settlement with the suing party. If a defendant files a counterclaim, both parties prepare for a court hearing.
After filing a notice of injury and claims with the Attorney General, copies of the document are sent to the involved agencies for a response. Depending on the review and the Attorney General’s final recommendations, the claim may be sustained or dismissed. Either way, expect a response from the Department of Justice. If the injured party is unsatisfied, they may proceed to sue the government in the court of law.
Why Do I Need a Personal Injury Lawyer for a Tort Claim?
Accurate interpretation of the law and the legal process is essential to the chances of a favorable outcome in a personal injury suit. When hired, personal injury lawyers have the sole duty to help their clients obtain compensation and justice for all they have suffered. The state’s laws strongly encourage injured parties to get a personal injury lawyer to file the notice of claim. Should it be dismissed by the state, the suing party cannot guarantee court protection during a lawsuit if there was no representing lawyer from inception.
How Can I Find a Personal Injury Lawyer Near Me?
A basic search for ‘personal injury lawyers in Wisconsin’ on the internet should return a list of law firms with expertise in this area. There are online directories that provide the names and addresses of personal injury lawyers in each county. Otherwise, the Wisconsin Court system provides links to lists of licensed attorneys and their fields of expertise.