Wisconsin Personal Injury Laws
Wisconsin uses a modified comparative fault system with a 51% bar under Wis. Stat. § 895.045, meaning plaintiffs who are more than 50% at fault cannot recover. The state caps non-economic damages in medical malpractice cases at $750,000. Wisconsin's major urban centers of Milwaukee and Madison produce the bulk of personal injury litigation, while rural areas tend toward more conservative verdicts.
Statute of Limitations
3 years
Fault Rule
Modified Comparative Fault (51% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (51% Bar)
You can recover damages only if you are less than 51% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in Wisconsin
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Wisconsin.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $21,000 |
| Slip and Fall | $17,000 |
| Dog Bite | $33,000 |
Key Wisconsin Personal Injury Statutes
- •Wis. Stat. § 893.54 (statute of limitations)
- •Wis. Stat. § 895.045 (modified comparative fault, 51% bar)
- •Wis. Stat. § 893.587 (med mal non-economic cap)
Damage Caps in Wisconsin
Wisconsin does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
For medical malpractice cases specifically, Wisconsin caps damages at $750,000.
Injury Claims in Wisconsin
Learn more about specific injury types and how Wisconsin law applies to each.
Major Cities in Wisconsin
Personal injury attorneys in Wisconsin serve clients in Milwaukee, Madison, Green Bay, Kenosha, Racine, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.