Wisconsin follows modified comparative negligence under Wis. Stat. § 895.045 — you can recover as long as you are not more than 51% at fault, but your award is reduced by your share of responsibility. This is different from states that bar recovery if you were even 1% at fault, and different from 'pure' states where you can recover even if you were 99% at fault.
What Modified Comparative Negligence Means
The practical effect: as long as you are not the majority cause of your own injury, you keep a claim — but every percentage point of fault assigned to you reduces your recovery.
How Fault Gets Assigned
Insurance adjusters and, ultimately, juries decide fault percentages based on the evidence. A driver who was speeding might be assigned 30% fault; a pedestrian crossing outside a crosswalk might share a portion too.
Because a few percentage points can swing thousands of dollars — and because crossing the 51% line erases your claim entirely — insurers fight hard to push fault onto you.
Why This Makes Legal Help Valuable
An experienced attorney builds the record that keeps fault off your shoulders: crash reconstruction, witness statements, and medical evidence that ties your injuries to the other party's conduct.
If you've been told you were 'partly to blame,' don't assume you have no case. A free review can tell you where you really stand.
This article is general information, not legal advice. Injury Claim Team is a free attorney-matching service, not a law firm. For advice about your specific situation, talk to a licensed Wisconsin attorney — we'll connect you at no cost.