Understanding Wisconsin Comparative Fault Law In Personal Injury Cases
When you’re involved in a personal injury case, understanding how fault is determined can significantly impact the outcome of your case. In Wisconsin, comparative fault plays a big part in deciding how compensation is awarded. This blog post delves into the specifics of Wisconsin comparative fault law, explaining how it works, how fault is determined, and how it affects the compensation you may receive.
What Is Comparative Fault?
Wisconsin comparative fault law, also known as comparative negligence, is a legal doctrine used to allocate fault among parties involved in a personal injury case. Instead of one party bearing full responsibility for the accident, the law recognizes that multiple parties may share the blame. Under this system, each party’s degree of fault is assessed and their compensation is adjusted accordingly.
How Wisconsin Comparative Fault Law Works
Determining Fault
In a personal injury case, fault is determined based on the evidence presented. This may include witness testimonies, expert analyses, and physical evidence from the accident scene. Once the facts are reviewed, each party is assigned a percentage of fault.
For example, if you were involved in a car accident where the other driver was speeding but you were found to have been distracted by your phone, the court might assign 70% fault to the other driver and 30% to you.
Impact On Compensation
Under Wisconsin comparative fault law, your compensation is directly impacted by your percentage of fault. If you are found to be partially at fault for the accident, your total compensation will be reduced by your percentage of fault.
Using the previous example, if you were awarded $100,000 in damages but were found to be 30% at fault, your compensation would be reduced by 30%, leaving you with $70,000.
The 51% Bar Rule
One of the most important aspects of Wisconsin comparative fault law is the “51% bar rule.” Under this rule, you can only recover damages if your fault is 50% or less. If you are found to be 51% or more at fault, you are barred from recovering any compensation from the other party.
This rule is designed to prevent individuals who are primarily responsible for their injuries from benefiting from a lawsuit. It’s essential to have strong legal representation to argue your case and minimize your assigned percentage of fault.
How Fault Is Determined In Different Types Of Personal Injury Cases
Car Accidents
In car accident cases, fault is often determined based on traffic laws, police reports, and eyewitness accounts. The comparative fault system is particularly relevant in multi-vehicle collisions where several drivers may share the blame.
Slip And Fall Cases
In slip and fall cases, fault is determined by examining the property owner’s responsibility to maintain a safe environment and the injured party’s behavior. For instance, if you were texting and walking when you slipped on a wet floor, your own negligence might reduce your compensation.
Why You Need Legal Representation
Given the complexities of Wisconsin comparative fault law, having skilled legal representation is key. An experienced attorney can help gather evidence, present your case effectively, and negotiate with insurance companies to ensure that your fault percentage is minimized.
Legal representation is especially important if you believe that the other party’s fault has been underplayed or if you’re being unfairly assigned a higher percentage of fault.
Conclusion
Wisconsin comparative fault law significantly impacts personal injury cases by determining how fault is shared and how compensation is distributed. Understanding this law is essential for anyone involved in a personal injury claim in Wisconsin.
If you find yourself in need of legal guidance after a personal injury incident, contact Bosshard Parke for expert advice. Our experienced attorneys in La Crosse and Sparta, Wisconsin, are here to help you navigate Wisconsin’s legal landscape and ensure you receive the compensation you deserve.
Disclaimer: This article is for informational purposes only and should not be considered legal advice. For personalized guidance related to your specific situation, please consult with a qualified attorney at Bosshard Parke.
