Personal Injury Laws in Wisconsin

Personal Injury Law in Wisconsin: Overview

Wisconsin follows a modified comparative negligence system with a 50% bar, barring recovery for plaintiffs whose negligence equals or exceeds the defendant's. The state has a three-year statute of limitations for most personal injury claims. Wisconsin imposes caps on non-economic damages in medical malpractice cases but not in standard personal injury cases. Wisconsin is a fault-based jurisdiction for auto accidents. The state has a unique "safe place statute" that imposes a higher duty of care on employers and building owners to maintain safe premises. Wisconsin's manufacturing, agriculture, and recreation industries create diverse personal injury claims.

Key Statutes & Deadlines

Safe Place Statute

Wisconsin's "safe place statute" (Wis. Stat. § 101.11) imposes a duty on employers, building owners, and those controlling places of employment or public buildings to maintain them as safe as the nature of the premises reasonably permits. This creates a higher standard of care than ordinary negligence. The safe place statute essentially imposes a duty equivalent to negligence per se when a safety violation is found. It applies to structural defects and conditions, not to the activities of people using the premises. The statute covers employees, customers, and other persons lawfully on the premises. Violations of the safe place statute can significantly strengthen a plaintiff's personal injury claim.

Modified Comparative Negligence

Wisconsin uses modified comparative negligence where a plaintiff is barred from recovery if their negligence is equal to or greater than the negligence of the person against whom recovery is sought. When multiple defendants are involved, the plaintiff's negligence is compared separately to each defendant. A plaintiff 45% at fault can recover against a defendant 55% at fault but not against a defendant 40% at fault. Wisconsin applies joint and several liability to defendants, meaning any defendant found liable can be held responsible for the plaintiff's full damages regardless of their individual percentage of fault.

Automobile Insurance and UM/UIM Coverage

Wisconsin requires minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury. Uninsured motorist (UM) coverage at the same limits is mandatory. Underinsured motorist (UIM) coverage is also mandatory and must be offered at the same limits as liability coverage, though it can be rejected in writing. Wisconsin allows stacking of UM/UIM coverage across multiple vehicles. The state is a fault-based jurisdiction; there is no no-fault insurance system. Texting while driving is prohibited and may constitute negligence per se in a personal injury case.

Wisconsin Court System

Wisconsin's Circuit Courts serve as the trial courts of general jurisdiction for personal injury cases. The state has 72 counties, each with a Circuit Court. Small claims courts handle cases up to $10,000. Appeals go to the Wisconsin Court of Appeals, and further review is available from the Wisconsin Supreme Court. Civil juries consist of 6 members in most civil cases, and verdicts require a five-sixths majority (5 of 6). Wisconsin has mediation requirements and encourages settlement.

Damages & Penalties

Wisconsin allows full recovery of economic damages without caps in all personal injury cases. Non-economic damages are not capped in standard personal injury cases but are capped at $750,000 in medical malpractice cases. Punitive damages are available when the defendant acted maliciously, intentionally, or in willful or wanton disregard of the plaintiff's rights and require proof by clear and convincing evidence. Punitive damages are not capped by statute. Wisconsin follows the collateral source rule, but allows post-verdict motions to reduce damages for certain collateral source payments. Pre-judgment interest is available at 1% per month (12% per year) from the date of the injury or death.

Recent Legislative Changes

Wisconsin has addressed the scope of the safe place statute and its application to modern premises. Courts have refined the comparative negligence analysis in multi-defendant cases and the standards for punitive damages. The legislature has considered updates to the medical malpractice cap and government tort claims provisions.

Frequently Asked Questions