Wisconsin’s comparative negligence law plays a critical role in determining the outcome of car accident claims where fault is shared. If you were injured in a crash and believe someone else was to blame, you might assume you’re entitled to full compensation. But what if the insurance company argues that you were partially at fault? That’s when Wisconsin’s comparative negligence law becomes a deciding factor in what you can recover.
Understanding how this law works—and how it could affect your claim—is essential to protecting your legal rights. Even a small share of blame could significantly reduce your compensation, or in some cases, eliminate it entirely.
Here is an overview of what you need to know about Wisconsin’s comparative negligence law after a car accident in Wisconsin:
Comparative negligence laws vary by state. As a result, if you have been injured in a car accident in Wisconsin, it is critical to make sure you have a clear understanding of your legal rights under Wisconsin law. There are three main categories of comparative negligence laws:
Wisconsin’s comparative negligence law falls into the third category. Under Section 895.045(1) of the Wisconsin Statutes:
“Contributory negligence does not bar recovery in an action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if that negligence was not greater than the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering.”
This means that Wisconsin has what is commonly referred to as a “50% bar.” As long as you were not more than 50% at fault in your car accident, you are still entitled to financial compensation under Wisconsin law. Here are a few examples of how the law works in practice:
As you can see, just 1% can be the difference between recovering a substantial amount of financial compensation for your injuries and recovering nothing at all. This is just one of several reasons why it is important to have an experienced car accident lawyer on your side.
Let’s say you were injured in a car accident that was partially your fault. In this scenario, who determines your percentage of fault (and the percentage of your losses you are entitled to recover)?
The short answer is, “It depends.” Many successful car accident claims are resolved through insurance settlements. When you hire an experienced car accident lawyer to represent you, your lawyer will focus on securing a favorable settlement on your behalf.
During the settlement negotiation process, your lawyer will use the available evidence to argue for the largest percentage of compensation available (which would be 100% if you had not been partially at fault in your car accident). In contrast, the insurance companies will be focused on settling your claim for as little as possible. Your lawyer will present your evidence of fault, the insurance companies will present their evidence of fault, and then the early stages of the settlement negotiation process will focus on reaching a mutually agreeable percentage.
If the insurance companies are unwilling to settle your claim for compensation, you will need to take your case to court. In court, either a judge or jury will make the final determination of liability. If the judge or jury determines that you were 50% at fault or less, then the court will render a verdict in your favor.
If you were injured in a crash and fault is being disputed, understanding Wisconsin’s comparative negligence law is essential to protecting your right to compensation. At Boller & Vaughan, our attorneys have extensive experience handling cases under Wisconsin’s comparative negligence system, and we know how to push back against insurance companies who try to unfairly shift blame.
Don’t leave your financial future to chance. Let us help you navigate Wisconsin’s comparative negligence law and fight for the full compensation you deserve. Contact Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.
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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.
