Were you partly at fault for your accident? Learn how Wisconsin’s comparative negligence law affects your right to compensation and how Trial Lawyers of Wisconsin can still help you recover.
Being involved in an accident is never easy. On top of pain, disruption, and worry about the future, many injured people in Wisconsin wonder: “What if the accident was partly my fault?” This is a common concern, whether you were hurt in a car crash, slip and fall, pedestrian accident, or any other type of personal injury case.
The good news is that Wisconsin law recognizes that life is rarely black and white. In many accidents, more than one person or entity bears some responsibility. Thanks to the legal doctrine of comparative negligence, even people who share some fault for their accident can often recover compensation for their injuries—sometimes substantial compensation. Here’s what every Wisconsin injury victim needs to know.
Comparative negligence (sometimes called “comparative fault”) is a legal principle that determines how damages are awarded when multiple parties are responsible for an accident. Rather than completely denying compensation to someone who made a mistake, comparative negligence reduces their recovery in proportion to their share of fault.
Wisconsin follows the “modified comparative negligence” standard. This means:
Let’s look at how this plays out in real life.
Example 1: Car Accident
Suppose you are involved in a car accident. You were driving 5 mph over the speed limit when another driver ran a red light and hit you. At trial, the jury finds you 20% at fault (for speeding) and the other driver 80% at fault (for running the red light). Your damages total $100,000. Under Wisconsin law:
Example 2: Slip and Fall
You’re shopping in a store and slip on a wet floor with no warning sign. However, you were looking at your phone at the time. The jury finds you 30% at fault and the store 70% at fault. Your damages are $40,000. You would recover $28,000.
Example 3: Pedestrian Accident
A pedestrian crosses the street outside a crosswalk and is struck by a distracted driver. The pedestrian is found 55% at fault. In this case, because the pedestrian is more than 50% responsible, they are barred from recovering compensation under Wisconsin’s comparative negligence law.
In every personal injury case, determining the degree of fault for each party is a central—and often hotly contested—issue. Insurance companies and defense lawyers will work hard to assign as much blame to you as possible. Why? Because every percentage point of fault they can shift onto you reduces their financial responsibility, or even eliminates it entirely.
That’s why it’s so important to have skilled legal representation. Trial Lawyers of Wisconsin will investigate your case, gather evidence, and push back against unfair accusations of fault.
Fault can be assigned by an insurance adjuster during settlement negotiations, or by a jury or judge at trial. They consider all available evidence, including:
Sometimes fault is clear, but in many cases, it’s a complicated, fact-specific determination. Your attorney’s job is to build the strongest possible case showing the other party’s responsibility and minimizing any blame directed at you.
Wisconsin’s comparative negligence law also applies when more than two parties are involved. For example, if a trucking company and a third driver both contributed to your accident, the jury may assign fault among all the parties—including you. As long as your percentage of fault does not exceed 50%, you can still recover compensation, but it will be reduced accordingly.
In the confusion after an accident, it’s natural to apologize or accept blame—even if you’re not truly at fault. Insurance companies can and will use these statements against you later. Instead, focus on documenting the scene, collecting evidence, and seeking medical care. Leave discussions of fault to your attorney.
All damages you claim—medical expenses, lost wages, pain and suffering, property damage—are subject to reduction based on your share of fault. For instance, if your damages total $60,000 and you are 40% at fault, you can recover $36,000.
Proving fault—and minimizing your share of blame—requires legal experience, investigative resources, and determination. The attorneys at Trial Lawyers of Wisconsin are skilled in gathering and presenting evidence, working with experts, and anticipating the arguments insurance companies will make.
Here’s how they help:
The result? Your rights are protected and your recovery is maximized, even if you share some responsibility for what happened.
Too often, accident victims assume they can’t win their case because they made a mistake or share some blame. The reality is, Wisconsin law is designed to account for real-world situations, where fault is rarely clear-cut. If you’ve been hurt—no matter what happened—don’t give up on your right to compensation.
Contact Trial Lawyers of Wisconsin for a free consultation. Our team will review your case, explain how comparative negligence might affect your claim, and fight to make sure you get the compensation you deserve. Don’t let an insurance company tell you what you’re entitled to—get answers from a trusted advocate on your side.
