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★ Wisconsin · whiplash

Whiplash settlements
in Wisconsin.

By 6 min read

Wisconsin applies modified-51 comparative fault with a $750,000 medical-malpractice non-economic damages cap. For whiplash 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 whiplash 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 whiplash cases where the comparative-fault split is close to even.

Wisconsin's caps (medical malpractice non-econ cap) apply to the non-economic component of whiplash damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

★ band · US federal frame
$10,000 – $40,000
Whiplash / soft tissue (1–2 years)
Insurance settlement data plus VerdictSearch tabulations

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

united states · sister site
Your whiplash 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 whiplash 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 whiplash settlement in Wisconsin.

★ whiplash severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies whiplash into the tiers below. Wisconsin courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Whiplash / soft tissue (minor)$3,000 – $15,000Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1–2 years)$10,000 – $40,000Insurance settlement data plus VerdictSearch tabulations
★ whiplash · 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 whiplash claims.

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

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash 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.