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Wisconsin accident law

Wisconsin car accident settlement calculator

Wisconsin is an at-fault state that uses modified comparative negligence, 51% bar. You generally have 3 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20265 cited sourcesHow we calculate

Injury lawsuit deadline3 yearsWis. Stat. 893.54(1m)(a), (2m); 893.52(2); 893.80(1d)
Fault ruleModified (51% bar)Wis. Stat. 895.045(1)
Insurance systemAt-faultNo PIP requirement
Minimum liability25/50/10thousands of dollars

Wisconsin settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Wisconsin: Modified comparative negligence, 51% bar, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Wisconsin attorney about your case.

Wisconsin filing deadlines

ClaimDeadline
Personal injury lawsuit3 years
Vehicle and property damage3 years
Wrongful death2 years
Notice of a claim against a governmentWritten notice of circumstances within 120 days after the event, Wis. Stat. 893.80(1d)(a) (local governmental bodies); itemized claim and disallowance also required
Wis. Stat. 893.54(1m)(a), (2m); 893.52(2); 893.80(1d). Counted from the accident date in most cases.

Car-accident-specific rules: personal injury 3 years (893.54(1m)(a) expressly includes motor vehicle accidents); property damage from a motor vehicle accident 3 years (893.52(2)), other property 6 years (893.52(1)); wrongful death from a motor vehicle accident 2 years (893.54(2m)), other wrongful death 3 years (893.54(1m)(b)). Claims against the state: 893.82 (separate 120-day notice to attorney general).

If you were partly at fault

Wisconsin follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Plaintiff's negligence is compared separately with each defendant (not the combined fault). Recovery allowed at 50%.

Source: Wis. Stat. 895.045(1). Compare all states in the comparative negligence table.

At-fault (tort) state

In Wisconsin the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

No PIP; medical payments coverage is optional per the Office of the Commissioner of Insurance.

Minimum car insurance in Wisconsin

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person.

Damage caps

Wisconsin does not cap pain and suffering in ordinary car accident cases. Punitive damages: Greater of 2 times compensatory damages or $200,000; the cap does not apply against a defendant who was operating a vehicle while under the influence of an intoxicant to a degree that rendered them incapable of safe operation (Wis. Stat. 895.043(6))

No general noneconomic damages cap for car accident claims.

Dog bite law

Strict liability statute. Covers any injury, not only bites; reduced by the victim's comparative negligence (895.045). Double damages after prior notice of a skin-breaking bite (174.02(1)(b)). 895.57(4) excludes trespassers in certain cases.

Source: Wis. Stat. 174.02(1). Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Wisconsin?

3 years from the accident for an injury lawsuit and 3 years for vehicle damage (Wis. Stat. 893.54(1m)(a), (2m); 893.52(2); 893.80(1d)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Wisconsin a no-fault state?

No. Wisconsin is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

What happens if I was partly at fault in Wisconsin?

Wisconsin follows modified comparative negligence, 51% bar (Wis. Stat. 895.045(1)). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

What is the minimum car insurance in Wisconsin?

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage (25/50/10). Uninsured motorist coverage is also required.

Does Wisconsin cap pain and suffering damages?

Not in ordinary car accident cases. No general noneconomic damages cap for car accident claims.

Sources

Checked against official Wisconsin sources November 5, 2026.

  1. Wisconsin statute of limitations: Wis. Stat. 893.54(1m)(a), (2m); 893.52(2); 893.80(1d)
  2. Wisconsin comparative fault: Wis. Stat. 895.045(1)
  3. Wisconsin insurance system: Wis. Stat. 344.62(1) (liability insurance required)
  4. Wisconsin damage caps: Wis. Stat. 895.043(6)
  5. Wisconsin dog bite liability: Wis. Stat. 174.02(1)