What is a Tort Case, and What Does It Involve in Wisconsin?

In Wisconsin, a tort case is generally considered a civil wrong suffered by an individual because of a breach of 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, they may 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 in the state. There should be an injured person and an alleged party to file a tort case.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to 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 in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the information provided by these sites should be verified through official custodians.

What is Wisconsin Tort Law?

Wisconsin Tort Law is a body of legal theories and rules that govern civil injury cases in the state. There are four elements typically featured 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 needs to 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 may file a personal injury lawsuit against a private entity in a court of law, filing a lawsuit against a government agency is not done the same way. 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 examples of tort cases in Wisconsin may 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 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 typically more detailed and meticulous than tort law. It takes longer to conclude a criminal judicial process than a tort. This is because the case’s outcome should leave no room for doubt as to who the convicts are in the case. Tort laws are generally more relaxed and are interpreted as 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 may 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 generally considered 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 suggest 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 may file larger monetary values for personal injury suits with the civil courts.
• Determine which local courthouse to file the case. The type of case determines which court to file the suit. Suing parties may 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 should 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 generally essential components of  the 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 them. The summons served indicates a period from service during which the defendant is typically required to respond. Private defendants may do so by acknowledging and requesting a settlement with the suing party. If a defendant files a counterclaim, both parties may proceed to 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 generally 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 what 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 may not 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 typically 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.