A:

The answer is yes, you may claim the full extent of material damages you have suffered after a Wisconsin car crash. Regarding bodily injury, the defendant or insurance adjuster may argue that injuries were caused or aggravated by the fact that the driver or vehicle occupants were not restrained.

This is called “the seatbelt defense”, a controversial argument that has caused many states to limit its impact. Wisconsin law determines that the reduction of damages resulting from bodily injury will be limited to a maximum of 15 percent.

However, the reduction only applies to those injuries that are the direct result of not wearing a seatbelt—and it is up to the defendant to prove the link between not wearing a safety belt and the claim. If the defendant cannot prove that your injury would not have occurred if you had been restrained, you could receive full compensation.

If you have been injured in an Illinois car, truck or motorcycle accident, contact today the Milwaukee personal injury attorneys of Hupy & Abraham, S.C. at 800-800-5676 for a free evaluation of your case. You can also send our lawyers an e-mail with questions about your Illinois car crash case.