Filing a negligent security lawsuit must follow precise legal rules

A civil lawsuit for negligent security begins when you file the required papers and fee in court. While you may engage in settlement negotiations with an insurance company prior to filing the documents and fee, a civil lawsuit does not begin until the official documents are received by a Wisconsin Circuit Court.

Three Things Need to be Filed Before the Deadline

Your lawsuit will officially begin when you file a:

  1. Summons. This is the notice to the defendant that the defendant is being sued.
  2. Complaint. The complaint details why you are suing the defendant and what relief you want from the court.
  3. Filing fee. Your fee for filing a negligent security case must accompany the summons and complaint.

All of these things must be filed prior to the statute of limitations expiring. In Wisconsin, the statute of limitations for a negligent security personal injury lawsuit is usually three years from the time you are hurt, though some exceptions may apply. If you fail to file your case before the statute of limitations expires, then the defendant may raise that issue and your case will be dismissed without you receiving a financial recovery.

Know If You Have a Negligent Security Case Before You File

Anyone can file a summons and complaint, but in order to recover damages you are going to have to prove that you have a negligent security claim. You may have a negligent security claim if you can prove that:

  • The property owner owed you a duty of care.
  • The property owner breached that duty of care by failing to provide reasonable security.
  • You were injured because the property owner failed to provide reasonable security.
  • You have the legal right to pursue a recovery in court.

If you were hurt because a property owner failed to provide reasonable security and the statute of limitations has not yet expired then we invite you to learn more about how a negligent security case works. Please contact our experienced attorneys today via this website or at 1-800-800-5678 to schedule your free, no-obligation consultation today.

Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.