Posted in Personal Injury
Sharing some blame for an accident does not automatically end an injury claim in Wisconsin. But there is a specific point where shared fault stops simply reducing a recovery and starts eliminating it entirely.
The Statute That Sets This Threshold
Under Wisconsin Statute 895.045, an injured person can recover damages as long as their own negligence was not greater than the negligence of the party they are suing. Once an injured person’s fault reaches 51 percent or more, recovery is barred entirely.
How The Reduction Works Below That Line
If a jury finds an injured person 50 percent or less at fault, their damages get reduced proportionally by that percentage rather than eliminated. Someone found 30 percent at fault in a case worth $100,000 would recover $70,000. The math changes dramatically once that percentage crosses the 51 percent threshold, where the entire claim is barred regardless of injury severity.
Why Fault Gets Measured Against Each Defendant Separately
Wisconsin measures an injured person’s negligence separately against each individual defendant found to be causally negligent, rather than comparing it only to the combined fault of everyone else. This matters in multi party cases, since an injured person’s claim against one defendant could be barred while a claim against a different defendant in the same accident remains viable.
The Joint And Several Liability Rule Tied To This Threshold
A defendant found to be 51 percent or more causally negligent can be held jointly and severally liable for the full amount of damages, meaning that defendant alone can be required to pay the entire award even if other parties also share some responsibility. Hickey & Turim, S.C. uses this rule strategically in cases involving multiple potentially liable parties. Defendants found less than 51 percent negligent are generally only liable for their own specific percentage of the damages.
Why This Threshold Shapes Insurance Negotiations
Because crossing 51 percent eliminates a claim entirely rather than merely reducing it, insurance adjusters have a strong incentive to argue that an injured person carries the majority of fault whenever liability is even somewhat disputed. A claim that would otherwise settle for a reduced amount can be denied outright if the adjuster succeeds in pushing the fault percentage past that line.
Evidence That Shapes A Fault Percentage
Because so much depends on exactly where an injured person’s fault percentage lands, building a clear record early matters considerably:
- Police reports and any citations issued at the scene
- Photos or video documenting the accident scene and vehicle positions
- Witness statements describing what each party did leading up to the incident
- Physical evidence such as skid marks, debris patterns, or vehicle damage
Applying This Threshold To A Milwaukee Injury Claim
Because a fault finding at or above 51 percent eliminates recovery entirely, a thorough early investigation into what actually happened matters more than many injured people realize. A Milwaukee personal injury lawyer can review the evidence to challenge an inflated fault percentage before it affects settlement negotiations.
Why A Case Near The Threshold Deserves Careful Preparation
Because a case sitting close to the 50 percent mark can swing entirely one way or the other, careful preparation matters most exactly at that margin. A Milwaukee personal injury lawyer can help build the evidence needed to keep a borderline fault assignment from tipping past the line that would bar recovery.
A single percentage point separates a reduced recovery from no recovery at all under this rule, which is exactly why an insurer’s early fault assessment should never be treated as final. If you were hurt in an accident in Milwaukee and fault is being disputed, reach out to our office to go over the details of what happened.
