[// GUIDANCE: This template is drafted for use in any Wisconsin Circuit Court
action sounding in negligence. It assumes personal-injury claims against
private defendants. Where governmental or medical-malpractice defendants are
involved, revise ¶¶ 19–22 to address Wis. Stat. §§ 893.80 or 893.55,
respectively, and insert any statutory notice or expert-affidavit requirements.
All bracketed items must be completed or deleted before filing. ]

TABLE OF CONTENTS

1. Caption
2. Introductory Allegations
3. Parties
4. Jurisdiction & Venue
5. Factual Background
6. Count I – Negligence
7. Damages
8. Comparative Negligence & Joint Liability Allegations
9. Reservation re: Statutory Damage Caps
10. Punitive Damages Allegations (Optional)
11. Demand for Jury Trial
12. Prayer for Relief
13. Signature Block
14. Verification (Optional)

1. Caption

STATE OF WISCONSIN
CIRCUIT COURT — [COUNTY] COUNTY

---

[PLAINTIFF LEGAL NAME],
Plaintiff,

     v.    Case No. _________

[DEFENDANT LEGAL NAME],
Defendant.

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2. Introductory Allegations

COMPLAINT

Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), by counsel, alleges against Defendant, [DEFENDANT NAME] (“Defendant”), as follows:

3. Parties

1. Plaintiff is an adult resident of the State of Wisconsin, residing at [PLAINTIFF ADDRESS].

2. Defendant is a [corporation/LLC/individual/other] organized under the laws of [STATE] with its principal place of business at [DEFENDANT ADDRESS] and may be served at [REGISTERED AGENT NAME & ADDRESS OR PERSONAL ADDRESS].

4. Jurisdiction & Venue

3. This Court has subject-matter jurisdiction pursuant to Wis. Stat. § 801.04(1) because this action is filed in a court of general jurisdiction and sounds in tort.

4. Venue is proper in [COUNTY] County under Wis. Stat. § 801.50(2)(a) because the claims arose in this County and/or Defendant resides or does substantial business herein.

5. Factual Background

5. On or about [DATE OF INCIDENT] at approximately [TIME], Plaintiff was lawfully present at [LOCATION], when Defendant [briefly describe negligent act or omission—e.g., “failed to stop at a red traffic signal”] (the “Incident”).

6. Defendant owed Plaintiff a duty of ordinary care to operate its [vehicle/premises/operations] so as not to create an unreasonable risk of harm.

7. Defendant breached that duty by, inter alia, [SPECIFIC BREACHES: speeding, failing to warn, improper maintenance, etc.].

8. As a direct and proximate result of Defendant’s negligence, Plaintiff sustained severe bodily injuries including but not limited to [LIST INJURIES], incurred medical expenses, lost wages, experienced pain, suffering, disability, and loss of enjoyment of life, all of which are ongoing.

6. Count I – Negligence

9. Plaintiff realleges ¶¶ 1–8 as though fully set forth herein.

10. Defendant’s acts and omissions constituted negligence under Wisconsin common law and were a substantial factor in causing Plaintiff’s injuries and damages.

11. Plaintiff demands judgment against Defendant for all compensatory damages allowed by law.

7. Damages

12. Plaintiff has incurred the following special damages to date:
    a. Medical expenses (past) ………………………………… $[AMOUNT]
    b. Lost wages (past) ………………………………………… $[AMOUNT]
    c. Property damage (if any) ……………………………… $[AMOUNT]

13. Plaintiff will incur future medical expenses and wage losses in amounts to be proven at trial.

14. Plaintiff also seeks recovery for noneconomic damages including pain, suffering, disability, disfigurement, and loss of enjoyment of life, in an amount to be determined by the trier of fact.

8. Comparative Negligence & Joint Liability Allegations

15. To the extent Plaintiff is found causally negligent, Plaintiff’s negligence, if any, was less than the negligence of Defendant and/or any other tortfeasor, such that Plaintiff’s recovery is not barred but may be diminished pursuant to Wis. Stat. § 895.045.

16. Each Defendant whose causal negligence equals or exceeds the threshold set forth in Wis. Stat. § 895.045 is jointly and severally liable for the full amount of recoverable damages assessed against that Defendant.

[// GUIDANCE: If multiple defendants will be named, duplicate ¶¶ 15-16 for each or
plead in collective form. Consider adding contribution/indemnity allegations. ]

9. Reservation re: Statutory Damage Caps

17. Plaintiff is unaware of any statutory cap applicable to the claims asserted herein except as may apply to specific defendant classes (e.g., governmental, charitable, or medical-malpractice defendants) or claim types. Plaintiff hereby:
    a. Affirmatively pleads all exceptions and constitutional challenges to any cap that Defendant may invoke; and
    b. Reserves the right to seek declaratory or other relief regarding the constitutionality or applicability of any such cap.

10. Punitive Damages Allegations (Optional)

18. [OPTIONAL—include only if facts support punitive damages under Wis. Stat. § 895.043.] Defendant’s conduct was intentional, willful, and in reckless disregard of Plaintiff’s rights, warranting punitive damages pursuant to Wis. Stat. § 895.043(3). Plaintiff seeks punitive damages subject to the limitations of Wis. Stat. § 895.043(6).

11. Demand for Jury Trial

19. Pursuant to Article I, § 5 of the Wisconsin Constitution and Wis. Stat. § 805.01(1), Plaintiff demands a trial by jury on all issues so triable and encloses the statutory jury fee herewith.

12. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

a. Compensatory damages in an amount to be determined at trial, including past and future medical expenses, lost wages, loss of earning capacity, and property damage;
b. Noneconomic damages for pain, suffering, disability, disfigurement, and loss of enjoyment of life;
c. Punitive damages as permitted by law (if alleged);
d. Pre-judgment and post-judgment interest as allowed by law;
e. Taxable costs, disbursements, and reasonable attorney fees where permitted; and
f. Such other and further relief as the Court deems just and equitable.

13. Signature Block

Respectfully submitted this ___ day of ____, 20__.

[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

By: _____
[ATTORNEY NAME], State Bar No. _
Attorneys for Plaintiff [PLAINTIFF NAME]

14. Verification (Optional)

[PLAINTIFF NAME], being first duly sworn, states that he/she has read the foregoing Complaint and the same is true and correct to the best of his/her knowledge, information, and belief.

[PLAINTIFF NAME]

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public, State of Wisconsin
My commission expires: ______

[// GUIDANCE:
1. File a Summons concurrently (Wis. Stat. § 801.09).
2. Serve each defendant within 90 days of filing (Wis. Stat. § 801.02).
3. If suing a governmental entity, serve the statutorily designated clerk or officer and comply with notice-of-claim requirements (Wis. Stat. § 893.80).
4. For medical-malpractice claims, complete Ch. 655 procedures and attach the § 655.445 expert affidavit.
5. Revisit damage-cap paragraph once defendant type is confirmed.
6. Review local circuit-court rules for additional formatting or cover-sheet requirements. ]