This form is a sample personal injury complaint filed by guests at motel which failed to provide adequate security, thereby permitting unauthorized persons access premises, resulting in the death of one of the plaintiffs and injury to others.
Wisconsin Amended Complaint for Personal Injury and Wrongful Death
State:
Multi-State
Control #:
US-PI-0300
Format:
Word;
Rich Text
Instant download
Description
How to fill out Amended Complaint For Personal Injury And Wrongful Death?
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FAQ
A surviving spouse or domestic partner is recognized as the primary beneficiary. If the deceased had minor children, up to half of the financial compensation may be awarded to them. If there is no surviving spouse, domestic partner or minor children, the order proceeds to lineal heirs, and then to siblings.
While Wisconsin doesn't limit damages for pain and suffering, specifically, it does cap claims against the state at $250,000, claims against local municipalities at $50,000, and non-economic damages in medical malpractice claims at $750,000.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
The Wisconsin statute of limitations is typically three years for personal injuries. This means you have three years from the date your injuries occurred to settle your injury claim or to file a lawsuit.
The court pointed out that the law has long permitted a claim for emotional suffering if it is a component of a claim for physical injury sustained in an accident. Emotional harm associated with physical injuries is defined in Wis JI-Civil 1767 as "worry, distress, embarrassment and humiliation."
There is a cap on damages for loss of society and companionship: Maximum $500,000 per deceased minor. Maximum $350,000 per deceased adult.
Generally, the statute of limitations for filing a claim in Wisconsin is three years from the date of the accident or from the diagnosed injury stemming from the accident. However, this can change based on the type of accident you are involved in.
893.54 Injury to the person. The following actions shall be commenced within 3 years or be barred: (1) An action to recover damages for injuries to the person. (2) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.
