What Are Wisconsin's Comparative Negligence Laws?
Navigating the complexities of personal injury cases can be daunting, especially when multiple parties are involved and fault is not clear-cut. In Wisconsin, the legal doctrine that addresses these scenarios is known as comparative negligence. This blog post will explore Wisconsin's comparative negligence laws, how they affect personal injury claims, and what you need to know if you're involved in such a case.
What is Comparative Negligence?
Comparative negligence is a legal principle that allocates fault among different parties based on their respective degrees of responsibility for an accident. This doctrine contrasts with contributory negligence, where any fault attributed to the injured party can bar recovery entirely. Comparative negligence allows for a more equitable distribution of damages based on the level of each party's fault.
Types of Comparative Negligence
There are generally two types of comparative negligence: pure and modified. Wisconsin follows the modified comparative negligence rule.
Pure Comparative Negligence
Under pure comparative negligence, an injured party can recover damages even if they are 99% at fault for the accident. However, their compensation will be reduced by their percentage of fault.
Modified Comparative Negligence
Modified comparative negligence, which Wisconsin adheres to, allows an injured party to recover damages only if their fault does not exceed a specific threshold. In Wisconsin, this threshold is 51%.
Wisconsin’s Comparative Negligence Rule
In Wisconsin, an injured party can only recover damages if they are less than 51% at fault for the accident. If you are found to be 51% or more at fault, you are barred from recovering any compensation.
If you are partially at fault but your fault is below 51%, your damages will be reduced in proportion to your level of fault. For example, if you are 30% at fault and the total damages amount to $100,000, you would only be eligible to receive $70,000.
Here's a simple breakdown:
Fault Less than 51%: You can recover damages, reduced by your percentage of fault.
Fault 51% or More: You cannot recover any damages.
Wisconsin also incorporates the concept of joint and several liability. This means that if multiple parties are found liable and one party cannot pay their share, the other responsible parties may be required to cover the unpaid portions. However, this primarily applies when the fault of the parties combined does not exceed 51%.
How Comparative Negligence is Determined
The Milwakee personal injury lawyers at Cannon & Dunphy explain that comparative negligence is determined by the following elements:
Evidence Gathering
Determining fault involves a thorough investigation of the accident. Evidence such as police reports, witness statements, surveillance footage, and expert testimonies are crucial in establishing the percentage of fault.
Negotiations and Settlements
Insurance companies often negotiate settlements based on their assessment of the fault. Having legal representation can help ensure that your percentage of fault is determined fairly.
Court Proceedings
If a settlement cannot be reached, the case may go to court. In a trial, the judge or jury will determine the percentage of fault for each party based on the evidence presented.
Wisconsin’s comparative negligence laws aim to provide a fair system for distributing damages based on fault. Understanding these laws is crucial for navigating personal injury claims effectively. If you’re involved in an accident, consulting with an experienced attorney can help you comprehend your rights and make informed decisions. By understanding and adhering to the principles of comparative negligence, you can better navigate the legal landscape and seek the compensation you deserve.