Many individuals believe that if they were in any way responsible for an accident, then they are barred from getting compensation from another person who was at least partially at fault for the accident. The principle of contributory negligence does affect personal injury damages awards in the state of Wisconsin, but it does not completely stop you from getting compensation from the other party or parties involved in the accident.
Contributory negligence is any kind of action that contributes to an accident in some way. If an injury victim is contributorily negligent in causing an accident, then the defense may be that the victim is a certain percentage of fault for the accident, and therefore is only entitled to a certain percentage of damages. For instance, if the claim is that the victim was 20% at fault for the accident, then the victim would only be entitled to receive 80% of the compensation to which he or she is entitled, due to the contributory negligence.
However, there are limits on the amount of contributory negligence that can exist in a case and still entitle the injury victim to recover any amount of damages. Wisconsin, along with about half of the other states, uses what is commonly referred to as the “Fifty-One Percent Rule.” This rule states that if the injury victim is 51% or more responsible for the accident, then the injury victim cannot seek damages from another party that contributed to causing the accident. However, if the injury victim is 50% or less at fault for the accident, then he or she still can seek damages from the other party or parties involved.
The Madison personal injury lawyers of Boller & Vaughan devote their time to advocating on behalf of clients who have fallen victim to all types of car accidents, whether they are pedestrians, drivers, passengers, or bicyclists. Our job is to seek compensation for you and your family through the applicable legal framework, while you can focus on healing from your injuries and rebuilding your life with your family. Never hesitate to call our office for legal advice and counsel about your situation, so that we make our experience and knowledge work for you.
Under Wisconsin law, you have a right to recover compensation for any losses and injuries that you suffered as the result of an accident caused by the negligence of another. However, you also have a […]
Individuals who suffered injuries in an accident caused by another party’s negligence may be entitled to recover compensation for their losses. However, those individuals are likely to be experiencing a fair amount of stress as […]
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.