Comparative negligence is a fundamental legal principle in Wisconsin that can significantly impact the outcome of personal injury claims by reducing or potentially barring compensation based on the injured party's degree of fault. Under Wisconsin's modified comparative negligence system, injured parties can recover damages only if their negligence was not greater than the negligence of the person against whom recovery is sought, with any damages awarded being diminished in proportion to the amount of negligence attributed to the person recovering. This legal framework encompasses various related concepts including contributory negligence, joint and several liability, and the crucial 51% rule threshold. These principles directly affect personal injury claims in multiple ways: they determine whether an injured party can receive any compensation at all, influence the total amount of damages recoverable, and affect how liability is allocated among multiple defendants. Insurance companies and their attorneys often use comparative negligence principles against claimants, attempting to place the majority of blame on the injured party to reduce or eliminate their obligation to pay compensation. Understanding how Wisconsin's comparative negligence laws operate is essential for anyone involved in accidents ranging from motor vehicle collisions and slip-and-fall incidents to product liability cases, as these rules can dramatically impact the financial recovery available to injured parties.

Legal Rights and Considerations

Wisconsin follows a "modified comparative negligence" rule under Wisconsin Statute § 895.045, which allows injured parties to collect damages only if their percentage of fault is 50% or less, while completely barring recovery if they are found 51% or more at fault. The state's circuit courts have original jurisdiction over all personal injury matters, with cases typically filed within the county where the incident occurred. Wisconsin requires minimum liability insurance coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $10,000 for property damage, along with mandatory uninsured motorist coverage at the same bodily injury limits. Personal injury claimants must file lawsuits within three years from the date of injury under Wisconsin Statutes § 893.54, with limited exceptions for cases involving delayed discovery of injuries or minors. Wisconsin does not impose general caps on personal injury compensation, though there are specific limitations including a $750,000 cap on noneconomic damages in medical malpractice cases and a $500,000 limit for loss of society and companionship in wrongful death cases involving minors. Available compensation may include medical expenses, lost wages, future earning capacity, pain and suffering, property damage, and in cases involving death, funeral expenses and loss of financial support.

• Wisconsin car accidents;
• Wisconsin pedestrian accidents;
• Wisconsin motorcycle accidents;
• Wisconsin commercial truck accidents;
• Wisconsin bicycle accidents;
• Wisconsin Uber/Lyft accidents;
• Wisconsin boat accidents;

Related Resources

Wisconsin Circuit Courts

• Wisconsin Court System Directory - Find courthouse addresses and contact information by county
• Wisconsin Circuit Court Access - Search court records and case information online
• Circuit courts in all 72 Wisconsin counties with original jurisdiction over personal injury matters

Support Services for Accident Victims

• Wisconsin Department of Justice Office of Crime Victim Services: doj.state.wi.us/ocvs - Crime victim compensation and support services
• Wisconsin Crime Victims Compensation Program: 1-800-446-6564 - Financial assistance for crime-related expenses up to $40,000
• United Way 2-1-1: Dial 2-1-1 or 1-800-922-5590 - Free confidential information and referral service for health and human services
• Safe At Home Program: 608-266-6613 - Address confidentiality program for victims of abuse and threats

Wisconsin Traffic Laws and Regulations

• Wisconsin Statutes Chapter 346 "Rules of the Road" - Complete traffic regulations and vehicle operation requirements
• Wisconsin Department of Transportation - Traffic safety information, driver handbooks, and road condition updates
• Wisconsin State Law Library Transportation Resources - Comprehensive legal resources for traffic and vehicle laws
• Wisconsin Statutes Chapters 340-351 - Complete vehicle and traffic code provisions

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