Detailed Answer
This guide explains, in plain language, the common steps people take to bring a civil claim in Wisconsin after an assault. It covers immediate actions, evidence you should collect, how a civil case differs from a criminal case, filing basics, likely outcomes, and deadlines you must meet.
1. Put safety first
If you are in immediate danger, call 911. Get to a safe location. If you need medical attention, seek it right away. The health and safety steps you take can also create important records for a civil claim.
2. Report the incident to law enforcement
Filing a police report creates an official record. Even if you later pursue only a civil claim, the police report can support your case. Criminal assault statutes are found in Wisconsin’s criminal code: Wis. Stat. ch. 940.
3. Get and preserve medical records
Seek medical care and keep copies of all records, bills, and diagnostic tests. Medical records are key proof of injury and causation in a civil suit. Ask the treating provider for written notes, bills, and discharge paperwork.
4. Preserve physical evidence and document the scene
- Take dated photos of injuries, clothing, and the scene.
- Keep the clothing you were wearing (place in a paper bag, not sealed plastic if wet).
- Save phone records, text messages, social media messages, and any video.
- Write down everything you remember as soon as possible and create a timeline.
5. Identify witnesses and get their contact information
Witness testimony often matters. Ask witnesses for names and phone numbers, and, if possible, short written statements or photos of their ID. Secure CCTV or doorbell camera footage quickly — it may be overwritten.
6. Understand the difference between criminal and civil cases
A criminal case is brought by the state and can lead to punishment such as jail or fines. A civil claim (a lawsuit) seeks money damages and sometimes injunctive relief. You can pursue a civil claim even if the state does not prosecute, or while a criminal case is pending. The burden of proof in civil court is lower (preponderance of the evidence) than in criminal court (beyond a reasonable doubt).
7. Know the deadline: statute of limitations for personal injury
Most personal-injury claims in Wisconsin must be started within the time limit set by statute. For actions to recover damages for injuries to the person, see Wisconsin’s statute of limitations: Wis. Stat. § 893.54. If you miss this deadline, the court will usually dismiss your case, so act promptly.
8. Consider pre-suit steps
Before filing formal paperwork, many claimants: (a) request a police report and medical bills, (b) send a demand letter to the responsible party or their insurance company describing the injuries and requesting compensation, and (c) attempt negotiation. Insurance companies often respond to a demand letter, which can lead to a settlement without going to court.
9. Decide where to file
Most civil personal-injury claims are filed in Wisconsin circuit court. Wisconsin provides a simplified small-claims process for lower-dollar disputes; see Wis. Stat. ch. 799 for small claims procedures. For higher-value cases, you file a complaint in the circuit court in the county where the defendant lives or where the assault occurred. Contact the clerk of circuit court for filing forms, fees, and local rules.
10. What happens after you file
- File a complaint and pay the filing fee (or request a fee waiver if eligible).
- Arrange service of process so the defendant receives the complaint and summons.
- The defendant files an answer. The parties may exchange information through discovery (documents, depositions, interrogatories).
- Court may require or encourage mediation or settlement conferences.
- If the case does not settle, you proceed to trial and the court decides liability and damages.
11. Remedies and damages
A successful civil assault claim can recover compensatory damages for medical expenses, lost wages, property damage, and pain and suffering. In some intentional-tort cases, a court may award punitive damages to punish particularly bad conduct, though those are rare and fact-specific.
12. Collecting a judgment
Winning at trial or obtaining a settlement is one step; collecting the money is another. If the defendant does not pay, you may use post-judgment collection tools such as wage garnishment, bank account garnishment, or liens. The court clerk or an attorney can explain collection procedures.
13. When to consult an attorney
Talk to an attorney if your injuries are serious, the identity of the assailant is unclear, multiple parties or insurance issues are involved, or the defendant claims self-defense. An attorney can evaluate liability, calculate damages, draft pleadings, negotiate with insurers, and represent you in court. If cost is a concern, ask attorneys about contingency-fee arrangements (they get paid from recovery) or about low-cost/no-cost resources.
Important procedural resources
For protective or restraining orders, see Wisconsin statutes on civil protection: Wis. Stat. ch. 813. For local filing procedures and forms, contact the clerk of circuit court in the county where the incident occurred or visit Wisconsin Courts.
Disclaimer
This article is for informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed Wisconsin attorney.
Helpful Hints
- Act quickly: preserve evidence and start the clock on deadlines.
- Get every medical visit documented and keep all bills and receipts.
- Take dated photos with your phone and back them up to cloud storage.
- Ask the police for the report number and the officer’s name and badge number.
- Write a contemporaneous timeline of events while memories are fresh.
- Don’t destroy evidence (clothing, messages, photos); it strengthens your claim.
- Keep copies of all correspondence with insurers and any settlement offers.
- If possible, consult an attorney early—even an initial interview can clarify your options.
- For low-dollar claims, check the small-claims rules in Wis. Stat. ch. 799 or speak with the circuit court clerk about simplified procedures.