Accident Settlement Calculator

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Wisconsin Car Accident Settlement Calculator

In Wisconsin, you generally have 3 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Wisconsin claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Wisconsin rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Wisconsin uses modified comparative negligence: an injured person can recover if their negligence was not greater than the negligence of the person they are suing (so 50 percent or less), with damages reduced by their percentage of negligence. At 51 percent or more, they recover nothing from that defendant. The plaintiff's negligence is compared separately against each defendant, not against all defendants combined (Wis. Stat. 895.045(1)). A defendant less than 51 percent at fault pays only its own share; a defendant 51 percent or more at fault is jointly and severally liable.

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Deadline to file a lawsuit3 years from the accident
Details & exceptions

Wis. Stat. 893.54(1m)(a): 3 years for injuries to the person, including injuries arising from a motor vehicle accident. Wis. Stat. 893.52(2): 3 years for injury to real or personal property caused by or arising from a motor vehicle accident (other non-contract property damage claims have 6 years under 893.52(1)). Wrongful death arising from a motor vehicle accident: 2 years after accrual (893.54(2m)); other wrongful death: 3 years (893.54(1m)(b)). Claims against local governmental bodies (cities, counties, school districts, etc.): written notice of the circumstances of the claim must be served within 120 days after the event (late notice does not bar the claim if the body had actual notice and was not prejudiced), plus an itemized claim (Wis. Stat. 893.80(1d)). Damages against such bodies are limited to $50,000 (893.80(3)), but claims for negligent operation of a municipally owned motor vehicle by an employee fall under Wis. Stat. 345.05, limited to $250,000. Claims against state officers or employees require notice to the Attorney General within 120 days (893.82(3), from secondary reporting).

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $10,000. Wis. Stat. 344.62(1): no one may operate a motor vehicle on a highway unless the owner or operator has a motor vehicle liability policy in effect (exceptions in 344.63). Wis. Stat. 344.01(2)(d): $25,000 for bodily injury or death of one person, $50,000 for two or more persons, $10,000 for property damage per accident. 2011 Wisconsin Act 14 reduced the higher 2009 'Truth in Auto' minimums (50/100/15) back to 25/50/10 for policies issued or renewed on or after November 1, 2011 (date from secondary reporting and a Legislative Council act memo snippet, not read directly). No 2023-2026 act changing the minimums was found.

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Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No general cap on noneconomic damages for car-accident injury claims against private defendants. Narrow caps: (1) medical malpractice, $750,000 per occurrence (Wis. Stat. 893.55(4)(d)1); (2) wrongful death, damages for loss of society and companionship capped at $350,000 per occurrence for a deceased adult and $500,000 for a deceased minor (Wis. Stat. 895.04(4)); this applies to fatal car accidents but not to injury claims; (3) local governmental bodies, total damages $50,000 (893.80(3)), or $250,000 for municipal vehicle claims (345.05). A 2024 bill (SB 613) to cap noneconomic damages at $1 million in commercial motor vehicle cases was vetoed by Gov. Evers (veto reported March 2024).

Uninsured motorist coverageRequired
Details & exceptions

Wis. Stat. 632.32(4)(a)1: every policy on a vehicle registered or principally garaged in Wisconsin must include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident (town mutual policies under ch. 612 excepted); the statute contains no rejection option for UM. Underinsured motorist coverage is optional: under 632.32(4m) the insurer must give one-time written notice of its availability, and if bought, limits must be at least $50,000 per person and $100,000 per accident. 632.32(4)(a)2 also requires $1,000 per person of medical payments coverage, but the named insured may reject it (632.32(4)(bc)).

Worked example: a typical Wisconsin car accident claim

Another driver turned left into you at an intersection in Wisconsin: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000Wisconsin uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Wisconsin

The 3-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road120 days

For a city, county, school district or other local body, serve written notice of the circumstances within 120 days, then an itemized claim. For a state officer or employee, serve sworn notice on the Attorney General within 120 days, by certified mail or in person.

Wis. Stat. 893.80(1d), Claims against governmental bodies (FindLaw mirror)Wis. Stat. 893.82(3), Claims against state employees, notice to Attorney General (FindLaw mirror)

If the injured person is a child

An injured child can sue until 2 years after turning 18 (age 20), or within the normal 3 years if that ends later.

Wis. Stat. 893.16, Person under disability (FindLaw mirror)

How fast a Wisconsin insurer must respond

Insurers must pay claims promptly; a claim is overdue if unpaid 30 days after the insurer receives written notice that the loss is covered and of its amount, and overdue payments earn 7.5% yearly interest.

Wis. Stat. 628.46, Timely payment of claims (FindLaw mirror)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Wisconsin crash

Frequently asked questions

What is a typical car accident settlement in Wisconsin?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Wisconsin claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Wisconsin.
Is Wisconsin an at-fault or no-fault state for car accidents?
Wisconsin's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in Wisconsin car accident cases?
No general cap for typical car accident injury claims. No general cap on noneconomic damages for car-accident injury claims against private defendants. Narrow caps: (1) medical malpractice, $750,000 per occurrence (Wis. Stat. 893.55(4)(d)1); (2) wrongful death, damages for loss of society and companionship capped at $350,000 per occurrence for a deceased adult and $500,000 for a deceased minor (Wis. Stat. 895.04(4)); this applies to fatal car accidents but not to injury claims; (3) local governmental bodies, total damages $50,000 (893.80(3)), or $250,000 for municipal vehicle claims (345.05). A 2024 bill (SB 613) to cap noneconomic damages at $1 million in commercial motor vehicle cases was vetoed by Gov. Evers (veto reported March 2024).
What happens if I was partly at fault for an accident in Wisconsin?
Wisconsin follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Wisconsin?
Generally 3 years for personal injury and 3 years for property damage. Wis. Stat. 893.54(1m)(a): 3 years for injuries to the person, including injuries arising from a motor vehicle accident. Wis. Stat. 893.52(2): 3 years for injury to real or personal property caused by or arising from a motor vehicle accident (other non-contract property damage claims have 6 years under 893.52(1)). Wrongful death arising from a motor vehicle accident: 2 years after accrual (893.54(2m)); other wrongful death: 3 years (893.54(1m)(b)). Claims against local governmental bodies (cities, counties, school districts, etc.): written notice of the circumstances of the claim must be served within 120 days after the event (late notice does not bar the claim if the body had actual notice and was not prejudiced), plus an itemized claim (Wis. Stat. 893.80(1d)). Damages against such bodies are limited to $50,000 (893.80(3)), but claims for negligent operation of a municipally owned motor vehicle by an employee fall under Wis. Stat. 345.05, limited to $250,000. Claims against state officers or employees require notice to the Attorney General within 120 days (893.82(3), from secondary reporting).
What is the minimum car insurance in Wisconsin?
$25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage. Wis. Stat. 344.62(1): no one may operate a motor vehicle on a highway unless the owner or operator has a motor vehicle liability policy in effect (exceptions in 344.63). Wis. Stat. 344.01(2)(d): $25,000 for bodily injury or death of one person, $50,000 for two or more persons, $10,000 for property damage per accident. 2011 Wisconsin Act 14 reduced the higher 2009 'Truth in Auto' minimums (50/100/15) back to 25/50/10 for policies issued or renewed on or after November 1, 2011 (date from secondary reporting and a Legislative Council act memo snippet, not read directly). No 2023-2026 act changing the minimums was found.
What is the deadline to file a claim against the government in Wisconsin?
120 days. For a city, county, school district or other local body, serve written notice of the circumstances within 120 days, then an itemized claim. For a state officer or employee, serve sworn notice on the Attorney General within 120 days, by certified mail or in person.
How long does an insurance company have to respond to a claim in Wisconsin?
Insurers must pay claims promptly; a claim is overdue if unpaid 30 days after the insurer receives written notice that the loss is covered and of its amount, and overdue payments earn 7.5% yearly interest.

Related

Official sources