Wisconsin Crash Damages & Property Loss

Build the damage record by category

A crash file should distinguish bodily injury, treatment expenses, lost income, reduced earning ability, property loss and other claimed consequences. For each item, identify the evidence of amount, its connection to the crash and any dispute about reasonableness or duration. A medical bill, repair estimate or insurer offer does not by itself resolve every element of recoverable damages.

Apply Wisconsin’s comparison to each person

Wis. Stat. § 895.045(1) generally permits negligence recovery when the claimant’s negligence is not greater than the negligence of the person against whom recovery is sought, with damages proportionally reduced. The claimant’s negligence is compared separately with each causally negligent person. Do not substitute a comparison only against all defendants’ combined fault.

Distinguish fault allocation from collection

Under § 895.045(1), a causally negligent person below 51 percent is generally liable only for that person’s percentage; a person at 51 percent or more is jointly and severally liable for damages allowed. The statute contains separate concerted-action and product-liability provisions. Applying these rules requires the actual findings, parties and claim types, not just an insurer’s initial allocation.

Preserve injury and property evidence

Retain treatment records, bills and payment records; employer verification and earnings information; photographs, repair estimates, valuation support, receipts and vehicle-condition evidence. Keep a dated account of limitations and assistance required. Preserve the vehicle or obtain appropriate inspections before disposal when liability, causation or a defect is disputed. Identify reimbursement demands and other interests before final distribution.

Review deadlines separately from valuation

Wis. Stat. § 893.54(1m) states a general three-year period for personal-injury actions, while subsection (2m) gives motor-vehicle wrongful-death actions a separate two-year period after accrual. These are not universal deadlines for every crash-related claim. Accrual, claim type, applicable law, tolling, government procedures and contractual requirements need individual review. Negotiating a claim does not itself establish that a deadline is extended.