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★ Wisconsin · medical negligence

Medical negligence settlements
in Wisconsin.

By 6 min read

Wisconsin applies modified-51 comparative fault with a $750,000 medical-malpractice non-economic damages cap. For medical negligence claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Wisconsin's modified comparative — 51% bar and any applicable statutory cap.

Wisconsin applies modified comparative negligence with a 51% bar. A medical negligence claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability medical negligence cases where the comparative-fault split is close to even.

For medical negligence claims specifically, statutory caps frequently apply to non-economic damages or to total recovery — Wisconsin's caps (medical malpractice non-econ cap) materially compress the upper end of the band. Catastrophic medical negligence cases that would otherwise produce seven- or eight-figure awards are routinely capped at the statutory ceiling.

★ band · US federal frame
$30,000 – statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Wisconsin's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in Wisconsin. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case
★ 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 medical negligence settlement in Wisconsin.

★ medical negligence · 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 medical negligence claims.

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

Common questions.

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

★ all of WI
Wisconsin overview

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

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Wisconsin's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Wisconsin. See /methodology, /sources, and /disclaimer.