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What if I’m partially responsible for the auto accident?

November 12, 2016 Thomas Schober

Wisconsin is a “comparative negligence” State. In fact, it is common for claimants are found to be some percentage at fault in an auto accident.

At the end of the trial, one of the questions asked of the jury is whether the claimant and the defendant were both at fault. If the answer is “yes”, even partially, then the jury attributes a percentage of negligence to the claimant and to the defendant who caused the incident.

The jury isn’t told this, but when they go home, in essence the judge says, “OK, Mr. Claimant, you are found 15% at fault, and (for propose of example) the jury awarded you $100,000. You don’t recover for your fault. So, I’m diminishing your recovery by $15,000, and the judgment for you is $85,000.” That reduction in percentage of negligence continues to the point of 50% each. Under Wisconsin law, if you’re 51% or more at fault, you recover nothing. The theory of the law in Wisconsin is if you’re more at fault in causing the accident you recover nothing.

Learn more about the Schober Schober & Mitchell, S.C. law offices.

Filed Under: Car Accidents, Personal Injury Tagged With: Car Accident

 
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New Berlin Office
2835 South Moorland Road
New Berlin, WI 53151-3743

262-785-1820 Phone
262-786-1073 Fax

Oconomowoc Office
1227 Corporate Center Drive, Suite 200
Oconomowoc, WI 53066

262-569-8300 Phone
262-569-8570 Fax

Racine Office
840 Lake Avenue, Suite 200
Racine, WI 53403

262-634-6659 Phone
262-634-1234 Fax

   
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