Madison Courthouse Guide for Personal Injury Claims

All personal injury lawsuits in Madison are filed with the Dane County Circuit Court. The courthouse is located at 215 South Hamilton Street, Madison, WI 53703. The Clerk of Courts office is in Room 1000 and is open Monday through Friday, 8:00 a.m. to 4:30 p.m. You can reach them by phone at (608) 266-4311 or by email at dane.courtrecords@wicourts.gov.

Dane County Circuit Court handles all civil cases with claims exceeding the small claims threshold, which includes most personal injury cases. The court has jurisdiction over car accidents, slip-and-fall injuries, medical malpractice, wrongful death, and other tort claims that occurred in Dane County or involve defendants who reside there.

Wisconsin Statute § 801.50 governs venue — you generally file in the county where the claim arose or where the defendant resides. For accidents that happened in Madison or Dane County, this courthouse is the correct venue. If you file in the wrong county, the defendant can move to transfer the case, which adds delay and cost.

Filing a personal injury lawsuit involves preparing a summons and complaint, filing them with the court and paying the filing fee, and then serving the defendant. Your complaint must state the facts of the accident, identify each defendant, explain why they are liable under Wisconsin law, and specify the relief you are seeking. Wisconsin Statute § 802.02 requires a short and plain statement of the claims.

You can file in person at the Dane County Clerk of Courts at 215 S. Hamilton Street, Room 1000, or electronically through Wisconsin's eFiling system. Electronic filing is available 24/7 and carries an additional eFiling fee of $35 per case per party on top of the standard filing fee. In-person filing requires original documents plus copies for each defendant and the court. Filing fees cannot be paid online — accepted payment methods include cash, check, money order, or credit/debit card (with a convenience fee) at the Clerk's office windows.

After filing, the court assigns a case number and a branch (judge). You are responsible for serving each defendant with the summons and complaint. Under Wisconsin law, service must be made by someone who is not a party to the action and who is at least 18 years old. Service can be done by personal delivery, substituted service (leaving copies at the defendant's home with someone of suitable age), or by publication in limited circumstances. The defendant has 20 days after service to file a responsive pleading (Wis. Stat. § 802.06).

Filing fees for civil cases in Dane County are set by Wisconsin statute. For a civil action seeking a money judgment — which includes most personal injury cases — the total filing fee is approximately $265.50 for claims over $10,000. This includes the base filing fee, the court support services (CSS) surcharge, and the justice information (JINFO) surcharge. Small claims filing fees are lower, generally ranging from $75 to $95 depending on the claim amount. Contact the Clerk of Courts at (608) 266-4311 for the exact current fee, as surcharges are updated periodically.

If you cannot afford the filing fee, you can request a fee waiver by filing a Petition for Waiver of Fees and Costs. The court will review your financial situation to determine eligibility. A fee waiver covers the initial filing fee but does not cover all litigation costs like deposition fees or expert witness fees.

If you file electronically, an additional $35 eFiling fee applies per case per party. Beyond the filing fee, expect additional costs: service of process fees (approximately $40 to $75 for personal service by the Dane County Sheriff or a private process server), deposition transcript fees, expert witness fees, and potential mediation costs. Most personal injury attorneys in Madison work on contingency — they cover these costs upfront and recoup them from your settlement or verdict.

Wisconsin's small claims court handles civil disputes up to $10,000 for most claim types, but personal injury and tort claims have a lower cap of $5,000 (Wis. Stat. § 799.01). This means if your total damages from a personal injury — medical bills, lost wages, and pain and suffering combined — exceed $5,000, you cannot use small claims court. You must file in Dane County Circuit Court.

Small claims court is faster and less formal than circuit court. Hearings are typically scheduled within 30 to 45 days of filing, the rules of evidence are relaxed, and many people represent themselves without an attorney. The Dane County small claims court operates within the same courthouse at 215 S. Hamilton Street. However, the $5,000 cap for tort claims is strict — you cannot recover more than $5,000 even if your actual damages far exceed that amount.

Most personal injury cases involve medical bills alone that exceed $5,000, making circuit court the only viable option. If your injuries are truly minor — a few hundred dollars in urgent care bills, minimal lost work time, and modest pain and suffering — small claims court can be a cost-effective way to resolve your case without hiring an attorney. But if your damages are anywhere close to $5,000, file in circuit court to preserve your full claim value.

Wisconsin's free public case search system, known as Wisconsin Circuit Court Access (WCCA, formerly CCAP), is available at wcca.wicourts.gov. You can look up any civil case in Dane County — including personal injury lawsuits — without creating an account or paying a fee. Search by case number (the fastest method), by party name (last name, first name), or by attorney name.

WCCA shows the full docket for your case: every filing, hearing date, and court order. You can track when motions were filed, when deadlines fall, and whether the case has been set for trial or mediation. For personal injury cases, this is useful for monitoring the progress of your lawsuit and staying informed about upcoming dates.

For appeals, Wisconsin's appellate court case search system (WSCCA) is available at wscca.wicourts.gov and covers cases in the Wisconsin Supreme Court and Court of Appeals. Both systems are free and available 24/7. If you have questions about accessing court records that are not available online, contact the Dane County Clerk of Courts at (608) 266-4311 or by email at dane.courtrecords@wicourts.gov.

The Dane County Courthouse is located at 215 South Hamilton Street in downtown Madison, near the Capitol Square. When you arrive, you will go through security screening — empty your pockets, remove belts, and send bags through the X-ray machine. Cell phones are allowed but must be silenced inside courtrooms. No weapons of any kind are permitted in the courthouse.

For filing: head to the Clerk of Courts office in Room 1000 on the first floor. Bring your original documents plus copies, payment for filing fees (cash, check, money order, or credit/debit card with a convenience fee), and a valid government-issued photo ID. Clerks can answer procedural questions — like how many copies you need or what forms to use — but they are not permitted to give legal advice about your case or tell you whether to file.

If you have a hearing scheduled, arrive at least 15 minutes early. Check the docket board or directory in the lobby to confirm your courtroom and branch assignment. Dress professionally — business casual at minimum. Address the judge as 'Your Honor.' Wisconsin has a strong tradition of self-representation, and judges in Dane County Circuit Court are generally patient with pro se litigants, but the complexity of personal injury law — especially around evidence, damages calculations, and Wisconsin's comparative negligence rules — means most claimants benefit from having an attorney.

If your personal injury claim involves a government entity — the City of Madison, Dane County, the State of Wisconsin, the University of Wisconsin, or Madison Metro Transit — you face a much shorter deadline than the standard 3-year statute of limitations. Under Wisconsin Statute § 893.80, you must serve a written notice of claim on the government body within 120 days of the event causing the injury. Miss this deadline and your claim is barred, no matter how strong your case is.

Common scenarios triggering government claims include accidents caused by road defects (potholes, missing guardrails, defective traffic signals maintained by the City of Madison or WisDOT), injuries on government-owned property (city parks, UW-Madison campus, government buildings), and incidents involving Madison Metro buses or other government vehicles. The notice of claim must describe the circumstances of the injury, identify the government entity, and state the amount of damages claimed.

Wisconsin also imposes damage caps on government tort claims. Under Wis. Stat. § 893.80(3), the maximum recovery against a municipality or other political subdivision is $50,000 per occurrence. Claims against the State of Wisconsin are capped at $250,000 under Wis. Stat. § 775.01. These caps apply regardless of how severe your injuries are, which makes government tort claims particularly complex. Given the 120-day notice deadline and the damage caps, consult an attorney immediately if a government entity may be involved in your accident.

If you were injured in Madison and you are considering filing a lawsuit, get your free Injury Claim Check. You will answer a few quick questions about your accident and injuries, and we will give you a personalized report that includes Wisconsin's filing deadline for your specific claim, whether your case would likely land in small claims court or circuit court, and whether connecting with a Madison personal injury attorney makes sense for your situation.

Filing a lawsuit is a big step — but understanding your options should not be. Our Injury Claim Check is free, confidential, and gives you the information you need to make an informed decision about what comes next.