How Car Accident Compensation Works in Wisconsin

Wisconsin follows a fault system when it comes to car crashes. This means that the person at fault for the accident has financial responsibility for covering expenses such as your medical expenses, lost income, and property damage.

Wisconsin also follows a partial or modified comparative negligence law. This means you can be awarded compensation even if you are found partially at fault for the accident, as long as you are less than 50 percent at fault. If you are more than 50 percent at fault, however, you cannot recover at all.

Each state has its own auto insurance requirements. In Wisconsin, it is illegal to drive without the following coverage:

• Bodily Injury (BI) coverage. Covers a minimum of $25,000 per person/$ 50,000 per accident.
• Property Damage (PD) coverage. Covers a minimum of $10,000 per accident.
• Uninsured motorist (UM) coverage. This insurance covers you in case you are hit by a driver without insurance. Wisconsin law requires UM in the amount of $25,000 per injured person and $50,000 per accident.

In addition, the following optional types of insurance are available in Wisconsin:

• Collision coverage. This insurance covers vehicle damage in the case of a crash with another vehicle or a fixed object, regardless of fault.
• Comprehensive coverage. This insurance covers vehicle damage in the case of a non-collision incident like theft, vandalism, or natural disaster.
• Medical payments (MedPay). This insurance covers medical and funeral expenses for you and other occupants of your vehicle, regardless of fault. In Wisconsin, you aren’t required to have this coverage, but the insurance company is required to offer it to you.

Insurance plays a key role in your car accident injury claim. An attorney can help you understand your policy and evaluate how much coverage is available to pay for your accident.

If you were injured in a car accident or had any damage to your property in Wisconsin, you may be able to file a car accident lawsuit. With Wisconsin’s modified comparative rule, as long as you are less at fault than the other driver, you can pursue legal action against them.

To file a car accident lawsuit, you must meet a strict statute of limitations or legal deadline. For claims dealing with car accident injuries and vehicle/property damage, you have three years from the date of the accident to file. If someone died as a result of a car accident, the family of the victim has two years from the date of death to take legal action.

While that may seem like plenty of time, it’s better to get legal advice as soon as possible. As the date of your car accident gets further and further away, your case starts to weaken. Evidence begins to be forgotten and can even be lost. That's why it is in your best interest to speak with an attorney and discuss your options as soon as possible.

Generally, three factors will determine the value of your claim: the severity of your injuries, the effects of these injuries, and the available insurance coverage.

The damages you may be compensated for are categorized into two main types: economic and non-economic. Economic damages are tied to a specific dollar amount. Some common examples include:

• Medical bills: Medical costs like ambulance fees, hospital bills, treatments, and medications.
• Property damage: Repair or replacement costs for your damaged personal property including your car.
• Loss income: Missed paychecks because your injury causes you to be out of work.

Non-economic damages do not have a set dollar amount tied to them but are just as impactful. Some common examples include:

• Pain and suffering: Physical and emotional pain and discomfort.
• Loss of enjoyment of life: Inability to enjoy hobbies, interests, and general life.
• Mental distress: Psychological harm including anxiety and depression.

Ultimately, only an experienced car accident attorney can tell you what your claim is worth.

Wisconsin requires all drivers to carry car insurance but that doesn’t mean all drivers do. When you’re hit by an uninsured driver, you’ll be covered by your uninsured motorist insurance. After the accident, you’ll file a UM claim with your insurance company. The same goes for a hit-and-run accident when the at-fault driver is never found.

It’s important to know that although you are dealing with your own insurance company, you should still seek legal representation. A lawyer will ensure your rights are protected during your claim.