Getting injured in an accident can be a traumatic experience. Suddenly, you may find yourself dealing with medical bills, lost wages, and emotional distress. If you have been injured in an accident in Wisconsin, you may be wondering about your options for seeking compensation. One important factor to consider is the concept of comparative negligence. In this article, we will explore what comparative negligence is and how it can affect your personal injury claim in Wisconsin.
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What is Comparative Negligence?
Comparative negligence is a legal doctrine that recognizes that more than one party can be responsible for causing an accident. Under this doctrine, a court will look at the actions of all parties involved in an accident and determine the degree of fault of each party. Each party will then be held responsible for their proportionate share of the damages.
How Does Comparative Negligence Work in Wisconsin?
Wisconsin follows a modified comparative negligence doctrine. Under this doctrine, a plaintiff who is found to be less than 51% at fault for an accident can recover damages. However, the damages awarded will be reduced by the percentage of fault attributable to the plaintiff. For example, if a plaintiff is found to be 20% at fault for an accident and is awarded $100,000 in damages, the award will be reduced by 20% to $80,000.
If the plaintiff is found to be 51% or more at fault for the accident, they will not be able to recover any damages. This is because the plaintiff’s fault is considered to be the primary cause of the accident, and the defendant’s negligence is deemed insignificant in comparison.
It is important to note that Wisconsin uses a modified comparative negligence doctrine instead of a pure comparative negligence doctrine. In a pure comparative negligence jurisdiction, a plaintiff can recover damages even if they are 99% at fault for the accident. The damages awarded would simply be reduced by the percentage of fault attributable to the plaintiff. However, in Wisconsin, a plaintiff must be less than 51% at fault to recover damages.
How Does Comparative Negligence Affect a Personal Injury Claim?
Comparative negligence can have a significant impact on a personal injury claim. If the plaintiff is found to be partially at fault for the accident, their damages award will be reduced by the percentage of fault attributable to them. This means that the plaintiff may not receive full compensation for their damages. In addition, if the plaintiff is found to be 51% or more at fault for the accident, they will not be able to recover any damages at all.
How Can I Prove That I am Not At Fault?
To recover damages in a personal injury claim, the plaintiff must prove that the defendant was negligent and that their negligence caused the plaintiff’s injuries. In addition, the plaintiff must show that they were not at fault for the accident, or that their fault was less than 51%.
To prove that they were not at fault for the accident, the plaintiff can present evidence such as witness testimony, police reports, video footage, and expert testimony. The plaintiff should also be prepared to explain their own actions at the time of the accident. For example, if the plaintiff was injured in a car accident, they may need to explain why they were driving at a certain speed or why they took a particular action.
Conclusion
If you have been injured in an accident in Wisconsin, it is important to understand the concept of comparative negligence. If you are partially at fault for the accident, your damages award may be reduced. To recover damages, you must prove that the defendant was negligent and that your fault was less than 51%. If you have questions about comparative negligence or your personal injury claim, it is recommended that you consult with an experienced personal injury attorney.