What To Know About Injury Claims Involving Out-Of-State Visitors
By Howard Eglash, Personal Injury Attorney
Wisconsin is a popular destination for summer travel, weekend getaways, and seasonal recreation. Whether it’s the scenic bluffs of the Driftless Region or bustling downtown festivals in La Crosse and Sparta, our state welcomes thousands of visitors every year. But what happens when someone from out of state is injured while visiting Wisconsin?
As a Wisconsin resident, you may find yourself involved in a car accident or premises liability case where the injured party is from another state. The experienced attorneys at Bosshard Parke are here to help understand how jurisdiction works and why local legal representation matters can help you protect your rights—or those of your guest—after an injury occurs.
Accidents Don’t Stop At State Lines
When someone from out-of-state is injured while visiting Wisconsin, it can be due to a variety of incidents, including:
- Car accidents (as a driver, passenger, cyclist, or pedestrian)
- Slip and falls at local businesses or rental properties
- Boating or ATV accidents
- Dog bites or other animal-related injuries
- Recreational injuries at public parks, events, or lakes
Whether the injured person is a tourist, business traveler, or seasonal worker, the legal process for filing a personal injury claim depends on where the injury occurred—not where the person lives.
Jurisdiction: Why Location Matters
When an injury occurs in Wisconsin, the case generally falls under Wisconsin’s legal jurisdiction. This means:
- Wisconsin laws apply, even if the injured party is from another state
- The claim or lawsuit must be filed in a Wisconsin court
- A Wisconsin-licensed attorney should handle the case
For example, if a Minnesota resident is injured in a car crash while visiting La Crosse, their personal injury claim must be brought in Wisconsin. Even if their own insurance is based in Minnesota, the at-fault driver’s liability—and any court proceedings—will be handled under Wisconsin law.
How Wisconsin’s Laws May Differ From Other States
Every state has its own rules for things like:
- Statute of limitations (how long you have to file a claim)
- Comparative negligence (how fault is divided)
- Damage caps (limits on certain types of compensation)
Wisconsin, for instance, follows a modified comparative negligence rule. If the injured party is found more than 50% at fault, they cannot recover damages. If they are less than 51% at fault, their compensation is reduced proportionally.
Out-of-state visitors may not be familiar with these rules, which can lead to costly mistakes or assumptions if they don’t consult a local attorney.
Why Local Legal Representation Makes A Difference
If you or someone visiting you is injured in Wisconsin, working with a local attorney offers several advantages:
- Knowledge of Wisconsin’s unique legal procedures
- Relationships with local courts, judges, and medical experts
- Familiarity with local insurance practices
- Ability to collect evidence, interview witnesses, and visit the accident scene quickly
What If The Injury Happened On Your Property?
If someone visiting you is injured on your property—whether at a backyard gathering, rental cabin, or while staying in your home—you may have liability under your homeowner’s or renter’s insurance policy. Common examples include:
- Slip and fall accidents
- Dog bites
- Accidents involving fire pits, trampolines, or pools
It’s important to document the incident, notify your insurer promptly, and avoid offering statements or settlements until speaking with an attorney.
What Visitors Should Do After An Injury In Wisconsin
If a friend or family member from out of state is injured while visiting, encourage them to:
- Seek prompt medical attention
- Document everything (photos, contact info, witness statements)
- File a police report if needed
- Avoid signing anything from insurance companies without legal advice
- Contact a Wisconsin-based personal injury attorney
Let Bosshard Parke Guide You Through The Process
Our personal injury team at Bosshard Parke serves clients across La Crosse, Sparta, and western Wisconsin. Whether you’re a Wisconsin resident helping an injured guest—or a visitor injured during your time in the state—we’re here to help you understand your legal options and protect your rights. Contact Bosshard Parke today for a confidential consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult an attorney at Bosshard Parke.
Article by Howard Eglash, personal injury attorney at Bosshard Parke Ltd. For more information on injury claims involving out-of-state visitors, contact him at 608-782-1469.
