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★ Wisconsin · back & spine

Back & spine settlements
in Wisconsin.

By Reviewed by Abd Shanti, Founder9 min read

When a teenage driver rear ended Debra Kontowicz’s van and severed her spinal cord, liability was clear. The Wisconsin Supreme Court held that an insurer who sits on a clear claim like that owes 12 percent interest. A festivalgoer with multiple spinal fractures shows the other side: a jury put all the fault on him.

Facts that decide a back & spine claim in Wisconsin

Interest on slow paymentAn 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)
Fault ruleContributory 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 sueThree 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 useAdmissible, 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
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★ WI · reported back & spine outcomes

What Wisconsin courts have awarded.

Real Wisconsin decisions and verdicts, each linked to the court record or official report.

  • Kontowicz v. American Standard Insurance
    Wisconsin Supreme Court · 2006
    12 percent interest allowed on the $500,000 limits

    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. The driver’s policy had a $500,000 per person limit, and the insurer’s own staff planned to pay it once the injuries were confirmed. The Supreme Court held that the 12 percent interest statute applies to a third party’s injury claim when liability is clear, the sum is certain and the insurer has written notice.

  • Turner v. Bounce Back
    Wisconsin Court of Appeals · 2019
    Defense verdict affirmed

    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. After a two week trial the jury found the airbag operator negligent but not a cause of the injury, the festival not negligent, and Turner 100 percent causally negligent, awarding nothing. The Court of Appeals rejected his claim that the verdict was perverse and affirmed.

★ WI · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Wisconsin.

  1. 1

    Put the insurer on written notice of clear liability and a sum certain; after that, delay can cost it 12 percent a year.

  2. 2

    Serious injuries do not guarantee a recovery. Turner’s spinal fractures produced no award once the jury blamed him.

  3. 3

    Voluntary activities invite fault arguments; document the operator’s instructions and safety measures.

★ WI · statute of limitations
3 years from date of injury

Wis. Stat. § 893.54

★ WI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ WI · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Wisconsin.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Wisconsin's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Wisconsin · you are hereModified comparative, 51% bar3 years from date of injury—
IllinoisModified comparative, 51% bar2 years from date of injuryIL · back & spine →
IndianaModified comparative, 51% bar2 years from date of injuryIN · back & spine →
IowaModified comparative, 51% bar2 years from date of injuryIA · back & spine →
KansasModified comparative, 50% bar2 years from date of injuryKS · back & spine →
MichiganModified comparative, 51% bar3 years from date of injuryMI · back & spine →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · back & spine →
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · back & spine →
DelawareModified comparative, 51% bar2 years from date of injuryDE · back & spine →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · back & spine →
AlabamaPure contributory negligence2 years from date of injuryAL · back & spine →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · back & spine →
★ WI · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Wisconsin? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of WI
Wisconsin overview

Fault rule, statute, caps, and key facts for Wisconsin as a whole.

★ national frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Wisconsin. See /methodology, /sources, and /disclaimer.