Chicago, IL asked in Personal Injury, Civil Litigation and Gov & Administrative Law for Wisconsin

Q: Can a monetary tort claim be amended even if I've filed my lawsuit already and I discovered new evidence to ask for more

Put a monetary amount in my tort claim while in prison. Got out hired a lawyer and filed lawsuit and now realizing I need to ask for more money because I didn't no my limitations of my injuries while in jail. Once out its a lot I can't do. Can't drive can't work need full time personal care worker and whole quality of life is gone but didn't know this until I came home because I thought I would still be able to do certain things so now I want to adjust the amount I asked for with this new found evidence

1 Lawyer Answer

Robert D. Kreisman

PREMIUM
Answered

A: In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in keeping with what you believe to be your damages for your injuries. In my county where I principally practice, a complaint for damages other than in contract would be alleged to be an amount in excess of $50,000. That is the jurisdictional limit for cases handled in the law division as opposed to the municipal department that handles cases valued at less than that amount.

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