Despite a general decrease in tort filings in Wisconsin courts over the past decade, tort filings increased slightly in Wisconsin in 2018. 5,996 tort cases were filed in 2018, 58 more than in 2017 but still 130 less than in 2016 and over 500 cases less than the average number of tort cases filed from 2018 to 2004 (the first year for which data are available).

As is typical, most tort cases filed in 2018 were personal injury cases related to automobile accidents (63 percent). The 3,757 auto personal injury cases filed in 2018 is 119 less than in 2017.

Other personal injury cases made up 16 percent of tort filings in 2018, and property damage cases made up 13 percent. Products liability, medical malpractice, wrongful death, and intentional torts altogether made up the remaining 8 percent of cases filed. Most categories did not change much from 2017 to 2018, but property damage cases increased from 614 cases in 2017 to 785 cases in 2018.

The percent of cases settled without going to trial decreased by 6 percent from 2017 to 2018. The percent of settlements in Wisconsin tort has cases has generally been on the rise since a significant bump in 2011. The number of cases going to jury trial has remained steady over the past decade at 3 to 4 percent.

 

Wisconsin overall has a positive legal climate that keeps these tort filing numbers in a reasonable range. In its 2018-19 “Judicial Hellholes” report, American Tort Reform Association recognized Wisconsin as a “Point of Light” for the 2018 Wisconsin Supreme Court decision upholding limits on noneconomic damages in medical malpractice cases and civil litigation reforms in 2017 Act 235.