Negligence Doctrines in Wisconsin

A person injured in a car accident may be able to pursue legal action to cover the expenses associated with the crash. However, there are different standards in each state regarding who has the right to file a civil lawsuit, so this cannot be assumed to be an option that is available to you. One of the governing factors is the so-called negligence doctrine of the state. The negligence doctrine relates to the apportionment of blame for an incident and how that affects one’s right to sue.

If you have been hurt in a car accident caused by another’s negligence, even if you are found to be partly at-fault, you may be able to seek financial compensation. To discuss your legal options further with a reliable advocate, contact the Wausau auto accident attorneys of Habush Habush & Rottier S.C. at 800-242-2874 today.

Contributory versus Comparative

There are two broad types of negligence doctrines. The older is known as contributory negligence. This states that a person who is at blame to any degree for an injury cannot sue for compensation. Comparative negligence works differently. These doctrines work as follows:

• Pure comparative doctrines allow a person to sue for a portion of damages equivalent to the percentage of fault that is not their own

• Modified comparative doctrines with a 50 percent rule allow a person to sue only if they bore less blame than the defendant

• Modified comparative doctrines with a 51 percent rule allow a person to sue only if they are not judged to have been primarily at fault

In Wisconsin, the courts follow the 51 percent rule. A person cannot sue if they are primarily at fault for an accident, but still may if they shared equal blame with another.

Contact Us

If you have been injured and need legal assistance, we may be able to help. For more information regarding your options, contact the Wausau car accident lawyers of Habush Habush & Rottier S.C. by calling 800-242-2874.