How to File a Personal Injury Lawsuit in Wisconsin

Most people think a case starts with a formal lawsuit filing in court.  However, a case is frequently significantly impacted by steps that are taken in the hours and days following an accident.  Make sure you have a powerful lawfirm fighting for you, as your personal injury case begins the date of the accident.

Hupy and Abraham has the experience to help you with your case, ensuring your case is filed correctly.

How to File Your Case Correctly

It is important to file your case correctly so that you do not waste time or money with an incorrect filing. Accordingly, it is important to follow all of the court rules, which include filing the following items with the clerk of the Wisconsin Circuit Court in the correct county:

  • A summons. The summons should contain basic information such as the title of the case, the court in which the action is being brought, the description of the case classification type, addresses of the plaintiff and defendant, and a direction to the defendant to file an answer. A standard form can be found in the Wisconsin State Statutes Section 801.095.
  • A complaint. This document explains why you are suing the defendant and what you would like the court to do. In other words, in a personal injury action this pleading would explain the legal reason(s) why the defendant is liable for your injuries and what damages you are seeking.
  • Filing fees. The current fees are available on the state court website but are subject to change.

The summons and complaint must comply with all rules of the court and the defendant must be served with authenticated copies of these documents within 90 days of the filing.

Your complaint explains your cause of action—or the legal reason why the court should allow you to recover damages—and it explains the damages that you are seeking.

Therefore, it is important to get it right.

Our personal injury lawyers have a lot of experience filing complaints and can make sure that all of your rights are protecting when you begin your case, throughout your lawsuit, and when you make your recovery. To find out more about how a personal injury lawsuit works, please contact us via this website or by phone at any time.

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