While some states automatically prevent injured people from recovering compensation if they’re partially responsible for an accident, this is not the case in Wisconsin. However, the Wisconsin “comparative negligence rule” can affect the outcomes in personal injury cases by influencing how insurers and courts assign fault.
What Is Wisconsin’s Comparative Negligence Rule?
The Wisconsin comparative negligence law states that a person who is less than 51 percent responsible for causing the accident that injured them may be entitled to compensation for their accident-related losses. However, any financial recovery they receive will be reduced in proportion to their share of fault.
Some states allow people to recover compensation even if they’re primarily at fault, under what’s known as a “pure version of the doctrine of comparative negligence,” as opposed to modified comparative negligence in Wisconsin.
How Comparative Negligence Can Affect Your Compensation
Here’s an example of how comparative negligence works in practice. Let’s say two drivers share responsibility for a car accident, with assigned fault percentages of 60 and 40 percent. The driver who is 40 percent at fault may be awarded $100,000 minus 40 percent to account for their role in causing the crash, leaving them with a recovery of $60,000. However, the driver who is 60 percent at fault is barred from recovering compensation under Wisconsin law.
Not surprisingly, insurance companies have a financial interest in preventing large payouts. For this reason, they often try to shift blame to minimize their costs.
Why Legal Representation Matters When Fault Is Disputed
Because comparative negligence plays a role in Wisconsin injury cases, it can pay to have an experienced personal injury lawyer on your side who can push back against attempts to blame you for your own injuries. Your lawyer can conduct a thorough investigation and gather evidence to prepare a persuasive claim, so they can go into negotiations armed with the details they need to pursue the recovery you deserve.
Frequently Asked Questions About Comparative Negligence
The following are answers to some of the questions we receive most often about the Wisconsin comparative negligence system at Schwaba Law Firm.
Can I Still Recover Compensation If I Was Partly at Fault for the Accident?
In some cases, yes. If your share of fault is less than 51 percent, you may be entitled to financial recovery under Wisconsin law.
Who Decides How Much Fault Each Person Shares After an Accident?
Insurance companies often assign shares of fault to influence settlement negotiations. However, Wisconsin courts have the final say in assigning fault when cases go to trial.
What Evidence Can Help Reduce My Percentage of Fault?
Records that clearly show how the accident happened, who caused it, and how it’s affected you can go a long way toward reducing your share of fault. Medical records, video footage, photographs, eyewitness testimony, and expert analysis are key types of evidence in Wisconsin injury cases.
Questions About Comparative Negligence? Contact Schwaba Law Firm
Are you worried that the Wisconsin comparative negligence law may prevent you from recovering the compensation you need to move forward after an injury accident? Even if you believe you may have been partially responsible, you may still be eligible for financial recovery. Contact Schwaba Law Firm to discuss your case with an experienced and knowledgeable Wisconsin personal injury attorney. Your consultation is free, without obligation, and fully confidential.
