Wisconsin comparative negligence laws and insurance claim strategies

In Wisconsin, the legal standard for recovering compensation after an accident is governed by modified comparative negligence under Wis. Stat. § 895.045. This rule, often called the 51 percent rule, allows an injured person to recover damages only if their share of fault is 50 percent or less. If an individual is found to be 51 percent or more at fault, they are barred from recovering any compensation. When partial fault is established, the total award is reduced by the percentage of fault attributed to the injured party.

When dealing with insurance adjusters, claimants are advised to be cautious, as these entities often seek to settle claims quickly for the lowest possible amount. Strategies to manage the claims process include hiring a personal injury attorney to act as an intermediary, documenting the entire process, and refusing to accept the first settlement offer. Legal professionals can help ensure that claimants do not inadvertently assume fault during discussions intended to minimize payouts.