2011 Wisconsin Laws 895.443 – Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for
895.443(5)
(5) This section does not limit the right of a person to recover from any parent or parents under § 895.035.
895.443
895.443 Physical injury, emotional distress, loss or damage suffered by members of certain groups; action for.
895.443(1)
(1) If a person suffers physical injury to his or her person or emotional distress or damage to or loss of his or her property by reason of conduct that is prohibited under § 943.012 and that causes damage to any property specified in § 943.012 (1) to (4) or by reason of conduct that is grounds for a penalty increase under § 939.645 (1), the person has a civil cause of action against the person who caused the physical injury, emotional distress, damage or loss.
895.443(2)
(2) The burden of proof in a civil action under sub. (1) rests with the person who suffers the physical injury, emotional distress, damage or loss to prove his or her case by a preponderance of the credible evidence.
895.443(3)
(3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation which were reasonably incurred.
895.443(4)
(4) A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the physical injury, emotional distress, loss or damage under sub. (1) and regardless of the outcome of any such criminal action.