Legal Question in Legal Malpractice in Wisconsin

I was jumped by three guys in Oshkosh Wi, in Oct of '09. The officer asked if i wanted to press charges I said of course. After about a month he called me and said he talked to them because they did have the license plate number of the car. He said the DA's office will decide whether they'll go through with it our not. He wouldn't give me the names of the guys either. The DA's office never called. So I called them and they said they didn't know what I was talking about and there were no records about this brought to their attent. So i called the officer that was on the case a few times he never answers and I leave messages. What do I do?


Asked on 2/01/10, 12:22 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

You need to find out from the police department whether or why they have not referred this to the District Attorney's Office for review. If the investigating officer is not returning your calls, then you need to call and speak with a Sgt., Lt. or Captain. Tell them the problem with the officer not getting back to you, and I suspect you will get a return call. The DA will decide whether to pursue the criminal charges or not. In Wisconsin, there is a two year statute of limitations to pursue a civil claim against the person(s) who injured you. That means that if you are going to make a civil claim for damages for any injuries due to the intentional acts by these person(s), you must either settle your claims or commence a lawsuit within two years from the date of the incident. You can proceedin Small Claims Court, without an attorney, but the maximum recovery is $5,000. For a larger recovery, you will need to retain an attorney to represent you. I would urge you to consult with an attorney about the civil claim, if that is going to be how you proceed. The facts of the incident may impact other time limitations or other claims.

Read more
Answered on 2/06/10, 1:10 pm


Related Questions & Answers

More Legal Malpractice Law questions and answers in Wisconsin