The truth is that you are likely to have been partially at fault for the accident that caused your injury. Few accidents are completely the fault of one person, but in most two-person accidents there is one party that is more at fault than the other. If you are the person who is less at fault than the other person, then you have the right to make a legal recovery of financial damages for your injuries.
What Does This Mean to Your Personal Injury Recovery?
It means that if you can prove that someone else was primarily responsible for your accident then you will make a financial recovery. In Wisconsin, contributing to the negligence that caused your injury is not a bar to recovery—assuming that your negligence was not greater than the negligence of the person from whom you are seeking damages. In a two-party accident, this means that you can recover from the other party if you can prove that the other party was at least 51% responsible for the accident and your resulting injuries.
Wisconsin’s contributory negligence law does, however, make it clear that the amount that you recover will be reduced by the percentage of negligence assigned to you. For example, if it is determined during settlement negotiations or in court that you are 30 percent responsible for the accident and that the damages from your accident totaled $100,000, then you would be able to recover 30 percent less than $100,000, or a total of $70,000 in damages.
It is important that the exact percentage of fault be determined so that you can get the fair recovery that you deserve. This requires evidence and persuasive arguments. An experienced personal injury lawyer can help you determine what your fair recovery may be, help you gather evidence, and make persuasive arguments on your behalf. Do not risk your fair recovery by representing yourself. Instead, contact our experienced personal injury lawyers today to schedule a free, no-obligation consultation today to discuss how a personal injury case works and what your fair recovery may include.
