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Wisconsin Personal Injury



If you have experienced a personal injury due to an accident that occurred in Wisconsin, and the accident was caused by another party, you might be entitled to receive compensation. The compensation or recovery you receive is intended to reimburse you for past and future medical expenses, past and future lost wages, and pain and suffering.

Common Practice Areas in Wisconsin Personal Injury Law

Personal injury law involves mental, physical, and emotional harms or damages caused to a person by another’s negligence. Personal injuries can happen in a wide variety of ways and along a continuum of degrees of severity. Triggers for many Wisconsin-based personal injuries usually fall into these categories:

Negligence and Fault Determinations in Wisconsin Personal Injury Suits

To collect a recovery in a personal injury case in Wisconsin, a successful plaintiff must prove the defendant was negligent in conduct and actions. The legal principle of negligence is established by showing these elements:

  • Duty
  • Breach of duty
  • Actual and proximate (legal) causation
  • Damages

Like 20 sister states, Wisconsin has adopted the modified comparative fault rule in negligence, known as the 51 percent bar rule. Under this rule, an injured litigant cannot recover if he is 51 percent or more at fault for his injuries, but can recover damages if he is 50 percent or less at fault. Of course, Wisconsin judges and juries will lower an ultimate recovery according to the proportion of the plaintiff’s fault.

What Questions Should You Ask a Wisconsin Personal Injury Attorney?

Personal injury cases range in significance of injuries and the amount of money damages at stake for a potential recovery. There are many practitioners in this legal field in any given geographic area, so it may seem challenging to screen attorneys and decide who is best to help prosecute your claim. Here are some suggested questions to ask a prospective lawyer during an initial consultation:

  • How many cases have you handled like my case?
  • How many cases have you tried in court?
  • What percentage of cases do you try in court and what percentage do you negotiate and settle short of trial?
  • What is my case worth in your estimation?
  • What will you do to make sure I recover the amount I deserve from settlement or trial?
  • How will you inform me of the status and progress of my case?
  • What do you base your evaluation of my case upon?
  • What is your peer review rating among lawyers and judges in Martindale Hubbell?

Find a local Wisconsin personal injury attorney today

A Wisconsin personal injury lawyer can help evaluate your situation and explain your legal options. If a personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.

Additional Wisconsin Personal Injury Resources