Wisconsin applies modified-51 comparative fault with a $750,000 medical-malpractice non-economic damages cap.
Wisconsin operates modified-51 comparative negligence with a $750,000 cap on medical-malpractice non-economic damages. The PI statute of limitations is three years.
Wis. Stat. § 893.54
Modified comparative, recovery barred at 51% claimant fault.
Caps and ceilings imposed by Wisconsin law that bear on settlement values.
Wis. Stat. § 893.55
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Wisconsin law.
Reported Wisconsin decisions for each injury type, each with a link to the judgment and to the full injury guide.
In June 2000 a truck traveling five to seven miles per hour hit the back of Jo-El Hanson’s car in heavy traffic; the truck driver was fully responsible.
whiplash in Wisconsin →Ronald Dakter’s car collided with a 65 foot semi trailer truck.
whiplash in Wisconsin →On 30 August 2000, a 16 year old driver struck Debra Kontowicz’s van from behind; her spinal cord was severed and she became quadriplegic.
back & spine in Wisconsin →Colin Turner jumped onto an inflatable airbag at the Country Fest music festival and suffered multiple spinal fractures, with at least $375,000 in medical expenses.
back & spine in Wisconsin →A minivan stopped at a red light was rear ended by a tractor trailer.
head & brain in Wisconsin →London Barney was delivered in February 2012 nonresponsive, blue and with little muscle movement, and suffered a permanent brain injury later diagnosed as cerebral palsy.
head & brain in Wisconsin →Donna Carini, a ProHealth Care employee, was walking across the Milwaukee County Zoo parking lot to the food tent at her employer’s company picnic when she tripped over a power cord and fractured her shoulder.
fracture in Wisconsin →In September 2010 Valentine Garrido-Crisanto, a temporary worker, was moving carts of equipment between floors in a storage building when his foot was crushed while riding a freight elevator that had no safety gate.
fracture in Wisconsin →In May 2011 Ascaris Mayo went to a Milwaukee emergency room with abdominal pain and a high fever and was told to follow up with her gynecologist.
medical negligence in Wisconsin →Matthew Ferdon was injured at birth by a doctor’s negligence and, despite surgeries, has a partially paralyzed and deformed right arm.
medical negligence in Wisconsin →Jacqueline Wise passed a pre employment physical and started as a caregiver in February 2013.
workplace in Wisconsin →Tracie Flug had a work related soft tissue strain at Wal-Mart and an unrelated degenerative disc disease.
workplace in Wisconsin →Statutes and rulings that come up again and again in Wisconsin injury claims, each with its source.
| Fault rule | Contributory negligence “does not bar recovery … if that negligence was not greater than the negligence of the person against whom recovery is sought,” and your damages are reduced by your share.Wis. Stat. § 895.045(1), as quoted in Richards v. Badger Mutual Insurance (Wis. 2008) |
|---|---|
| Deadline to sue | Three years for personal injury actions; a claim filed later is barred unless a tolling rule applies.Wis. Stat. § 893.54, as applied in Donaldson v. West Bend Mutual Insurance (Wis. Ct. App. 2009) |
| Seat belt use | Admissible, but not wearing a belt cannot reduce recovery for the injuries it caused by more than 15 percent.Wis. Stat. § 347.48(2m)(g); see our seat belt table |
| Interest on slow payment | An insurer that delays paying a third party claim can owe 12 percent simple interest when liability is clear, the amount is a sum certain, and it has written notice of both.Wis. Stat. § 628.46, as applied in Kontowicz v. American Standard (Wis. 2006) |
| Choice of treatment instruction | A jury should not be told a doctor is not negligent for choosing between alternative methods when the claim is about how the doctor carried out care, not which method she chose.Barney v. Mickelson (Wis. Ct. App. 2019) |
| Brain injury from malpractice | Noneconomic damages for a brain injury caused by medical malpractice are capped at $750,000.Wis. Stat. § 893.55, upheld in Mayo (Wis. 2018) |
| Recreational immunity | Owners and organizers can be immune from negligence claims for injuries during recreational activities on their property.Wis. Stat. § 895.52, as applied in Carini v. ProHealth Care (Wis. Ct. App. 2015) |
| Building defects | Claims premised on a structural defect in a building can be barred by the ten year statute of repose for improvements to real property.Wis. Stat. § 893.89, as applied in Garrido-Crisanto v. Heritage Relocation Services (Wis. Ct. App. 2014) |
How Wisconsin compares with its neighbours in the Midwest on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Wisconsin | Modified comparative, 51% bar | 3 years from date of injury |
| Illinois (IL) | Modified comparative, 51% bar | 2 years from date of injury |
| Indiana (IN) | Modified comparative, 51% bar | 2 years from date of injury |
| Iowa (IA) | Modified comparative, 51% bar | 2 years from date of injury |
| Kansas (KS) | Modified comparative, 50% bar | 2 years from date of injury |
| Michigan (MI) | Modified comparative, 51% bar | 3 years from date of injury |
| Minnesota (MN) | Modified comparative, 51% bar | 6 years for personal injury (uncommonly long); 4 years for medical malpractice |
| Missouri (MO) | Pure comparative negligence | 5 years for personal injury; 2 years for medical malpractice |
| Nebraska (NE) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| North Dakota (ND) | Modified comparative, 50% bar | 6 years for personal injury; 2 years for medical malpractice |
| Ohio (OH) | Modified comparative, 51% bar | 2 years from date of injury |
| South Dakota (SD) | Slight versus gross negligence | 3 years from date of injury |
Common questions about personal injury claims in Wisconsin, answered with the relevant statutory references.
This page summarises the Wisconsin statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Wisconsin. See /methodology, /sources, and /disclaimer.
