Wisconsin Follows the Law of Comparative Negligence

August 2019

Each state has its own rules regarding negligence.  Wisconsin follows the rule of comparative negligence.  The law is codified in Wis. Stat. 895.045.  Under the comparative negligence law, an injured person will not be prohibited from recovering if the injured person's negligence was not greater than from whom the recovery is sought.  

A jury determines the amount of negligence assessed to each party to a lawsuit. The jury does this by deliberating and then assessing the amount of negligence to each party with a percentage number.  The total amount of the negligence of all the parties will equal 100%.

After the assessment is made by the jury, the court and the attorneys look to the comparative negligence statute as to how to interpret the jury's verdict.

If you have been injured, do not try to go it alone.  Herrick & Hart is experienced in the personal injury field.  We have been representing the injured since 1951.  We offer a free consultation on personal injury cases.

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