Wisconsin Car Accident Compensation Laws

According to the Wisconsin Department of Transportation, close to 600 people died in fatal auto accidents in 2023. The statistics for 2021 and 2022 are just as depressing. Thankfully, most car accidents are minor. That doesn’t mean accident victims in non-fatal crashes don’t suffer bodily injury.

If you’re hurt in a motor vehicle accident, you should familiarize yourself with Wisconsin’s car accident compensation laws. You may get significant compensation. Of course, there is no guaranteed compensation in a Wisconsin car accident claim. The best way to increase your chances of recovery is to take specific steps immediately after the crash.

This article discusses what you need to know about Wisconsin law, including what to do after an accident. We’ll also offer an overview of Wisconsin car accident compensation laws and how to get compensation for your injuries and losses.

What Should You Do After an Accident in Wisconsin?

You’ll jeopardize your personal injury claim if you don’t take certain steps immediately after your car accident. Your car accident attorney will need evidence to prove your claim. Whether they have this evidence will depend on what you do in the minutes after your car crash.

To increase the chances of the auto insurance company paying your claim, take the following steps after your collision:

• Call 911. You should always call law enforcement, regardless of how severe your injuries are. The police will come to the accident scene and do a thorough investigation. They’ll include their findings in their police report. Your car accident lawyer will need this accident report to prove your case.
• Never leave the scene of the accident. The state may charge you with hit-and-run if you don’t wait for the police to arrive. Also, you’ll make it nearly impossible for your personal injury attorney to prove your case.
• Move your vehicle to a safe place. Move your car or SUV to the side of the road and out of the traffic flow. You should also check to see if any car accident victims are hurt and need help. When you call 911, the dispatcher will ensure an ambulance arrives to transport injured victims to the hospital.
• Exchange information with the other driver. Collect contact information and insurance policy information from the other driver. You should do this immediately. If the at-fault driver leaves before the police arrive, your personal injury lawyer will need this information. Once the other driver leaves, there will be no way to secure this.
• Take pictures and videos of the scene. Try to take photos and a video with your cell phone. You should also try to get contact information for any witnesses. Ask nearby businesses or homeowners for a copy of their security camera footage.
• Call your insurance company. Let your insurance carrier know you’ll be filing a car insurance claim.
• Always go to the emergency room. You need immediate medical attention, even if you think you’re fine. If you file a personal injury lawsuit, you must prove your injuries. You may not realize that you suffered injuries in the crash. The only way to know is to see a doctor immediately.

You should consider doing all these steps before bringing a car accident lawsuit.

Wisconsin Car Accident Compensation Laws: Chart

Learn more about Wisconsin car accident compensation laws in the table below.

• Statute of limitations Three years for personal injury (Wis. Stat. § 893.54)
• Three years for property damage of a motor vehicle (Wis. Stat. § 893.52)
• Two years for wrongful death (Wis. Stat. § 893.54(2))
• 120 days when the government is the defendant (Wis. Stat. § 893.82(3))

Damages limits Punitive damages are limited in some cases (Wis. Stat. § 895.043(6)). Wisconsin law limits punitive damages to twice the plaintiff’s damages or $200,000, whichever is greater. There is no cap in cases involving drunk driving.

Other limits 51% Modified Comparative Negligence (Wis. Stat. § 895.045). Plaintiffs can recover damages if they are less than 51% at fault. The court will reduce their damages by their percentage of fault.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct legal research to verify your state laws.

Wisconsin’s Comparative Negligence Law

To recover damages in a Wisconsin car accident, you must prove that the other driver was at fault and that you were not more at fault than the other driver. Wisconsin law follows the modified comparative negligence, the "51% Bar Rule." The court will bar recovery for parties who are more than 50% at fault.

According to the comparative negligence law, the judge may still award you damages even if you were 50% at fault for your car accident. But the 51% Bar Rule requires the court to reduce your damage in proportion to your percentage of fault.

Imagine that someone hits you from behind at a red light. You sue the at-faulty driver for $100,000. The other driver claims that your brake lights weren’t working properly. The judge or jury finds that you were 20% at fault since you were driving with faulty brake lights. In this scenario, the judge will reduce your damages by 20%, or $20,000.

Damage Types Allowed in Wisconsin

Wisconsin courts typically award economic and non-economic damages in car accident cases. These fall under the larger category of compensatory damages.

Economic damages are the out-of-pocket expenses you have due to the accident. This may include the following:

• Medical bills
• Property damage
• Lost wages
• Lost future income
• Future medical expenses

Non-economic damages are the injuries you suffer that don’t have a set price tag. The most common types of non-economic damages include:

• Loss of enjoyment of life
• Disability
• Disfigurement
• Pain and suffering
• Mental and emotional distress

Damage Limits in Wisconsin

Like all other states, Wisconsin has time limits for how long you have to file a personal injury lawsuit. The legal system calls these time limits statutes of limitations.

The Wisconsin statute of limitations for a car accident is three years. This is the case for personal injury and property damage. If your loved one dies in a car crash, you only have two years to file suit. This is because the statute of limitations for wrongful death is two years.

The Wisconsin courts rarely award punitive damages to car accident victims. Judges impose these damages to punish the at-fault driver. Even if you convince the court to award you punitive damages, the law may limit how much you can get.

The State of Wisconsin caps punitive damages at twice your compensatory damages or $200,000, whichever is greater. There is an exception for cases involving drunken driving. There is no limit on punitive damages in these cases.

Learn How Wisconsin Car Accident Compensation Laws Affect Your Case: Talk to a Lawyer

Before you file your injury or wrongful death claim, it’s a good idea to speak with a skilled car accident attorney in Wisconsin. They can help protect your legal rights and ensure you follow Wisconsin’s insurance laws.

Your attorney is familiar with Wisconsin car accident laws. They’ll make sure you file your case in time and will demand compensation for your car accident injuries. They will also work hard to negotiate a settlement of your claim so you don’t have to deal with a trial.