When a pedestrian is struck by a vehicle in Wisconsin, the aftermath extends beyond physical recovery to complex insurance matters, particularly subrogation. Subrogation occurs when your health insurer or medical provider seeks reimbursement for expenses they covered after your accident. This process becomes especially intricate in pedestrian accidents, where multiple insurance policies may come into play: the driver's auto insurance, your health insurance, and potentially your own auto policy through uninsured/underinsured motorist coverage. Understanding how subrogation affects your settlement is crucial, as it can significantly impact your final compensation. Wisconsin's comparative negligence laws further complicate matters, especially in cases where a pedestrian may share partial responsibility. Additionally, medical liens from healthcare providers can affect how settlement funds are distributed, making it essential to navigate these interconnected financial claims strategically to maximize your recovery.

Legal Rights and Considerations

Wisconsin operates under a modified comparative negligence system (Wis. Stat. § 895.045), allowing pedestrians to recover damages even if partially at fault, provided their responsibility doesn't exceed 51%. For subrogation claims, Wisconsin follows the "made whole doctrine" (Garrity v. Rural Mutual Insurance Co.), which theoretically prioritizes the victim's full compensation before insurers can recover their costs. However, many insurance contracts contain language attempting to circumvent this protection. Wisconsin's statute of limitations gives pedestrian accident victims three years to file personal injury claims (Wis. Stat. § 893.54), making timely action essential. Compensation may include medical expenses, lost wages, pain and suffering, and future medical needs. The Wisconsin Supreme Court's decision in Lagerstrom v. Myrtle Werth Hospital has reinforced certain subrogation limitations, potentially benefiting accident victims who understand these precedents. An experienced Green Bay pedestrian accident law firm(link is external) will handle all aspects of the legal claim.

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Related Resources

Wisconsin Courts

• Wisconsin Circuit Courts (county-specific)
• Wisconsin Court of Appeals
• Wisconsin Supreme Court

Support Services

• Wisconsin Department of Transportation's Crash Victim Resources
• Brain Injury Alliance of Wisconsin
• Spinal Cord Injury Association of Wisconsin Chapter
• Wisconsin Office of the Commissioner of Insurance Consumer Complaints

Legal and Regulatory Resources

• Wisconsin Statutes Chapter 344: Vehicles - Financial Responsibility
• Wisconsin Administrative Code Chapter Trans 100: Safety Responsibility
• Wisconsin Office of the Commissioner of Insurance: Auto Insurance Guide
• Wisconsin Department of Transportation: Pedestrian Safety Laws

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