If you were hurt in Wauwatosa and think you were partly to blame, you may feel stuck. You might wonder if you still have any rights. You might fear that speaking up will only bring more stress. Wisconsin law uses a shared fault system. That means you can sometimes recover money even when you made a mistake. The key question is how much of the crash or fall was your fault. Insurance companies know this rule. They often try to push more blame onto you. That pressure can leave you quiet and unsure. This guide explains how shared fault works in Wauwatosa. It shows when you can still seek payment for medical bills, lost pay, and pain. It also explains when your share of fault blocks a claim. If you feel overwhelmed, you can always reach out and get help.
How Wisconsin’s shared fault rule works
Wisconsin uses a rule called “modified comparative negligence.” The state law is in Wis. Stat. § 895.045. You do not need to read legal text to understand the core idea. The rule answers two questions.
- Can you recover money if you share fault
- How much money can you recover
Under this rule, a court or insurance company assigns a percentage of fault to each person. That includes you. Your recovery changes based on that percentage.
When you can still recover compensation
You can recover money if your share of fault is 50 percent or less. If you are 51 percent or more at fault, you recover nothing. That single line matters for your family and your future budget.
Here is what this means for you.
- If you are 0 to 50 percent at fault, you may recover money.
- Your payment is reduced by your percentage of fault.
- If you are above 50 percent at fault, the law blocks recovery.
These rules apply in many events. That includes car crashes, slips and trips on unsafe property, bike crashes, and some other injury events in Wauwatosa.
How fault changes your payment
Fault does not just decide if you recover. It also sets how much you recover. The higher your share of blame, the lower your payment. The math is simple. Your award is cut by your fault percentage.
The table below shows how this works. It uses an example of 100,000 dollars in proven damages. These damages might include medical bills, lost pay, and other losses. The numbers are only examples. Your case will be different.
| Your fault percentage | Right to recover | Example proven damages | Result after Wisconsin fault rule
|
|---|---|---|---|
| 0 percent | Yes | 100,000 dollars | 100,000 dollars |
| 10 percent | Yes | 100,000 dollars | 90,000 dollars |
| 30 percent | Yes | 100,000 dollars | 70,000 dollars |
| 50 percent | Yes | 100,000 dollars | 50,000 dollars |
| 51 percent | No | 100,000 dollars | 0 dollars |
This cutoff at 51 percent is harsh. It can feel unfair. Yet it is the current law in Wisconsin.
Common shared fault examples in Wauwatosa
Shared fault comes up in many daily events. Here are three common examples.
- Car crash at a stoplight. You enter on a yellow light. Another driver speeds through a red light. You may share some fault for not slowing down. The other driver may carry more fault for running the red light.
- Slip on ice at a store. You wear worn shoes with poor traction. The store fails to clear ice from the entry. A decision maker might say you share some fault for your shoes. The store may carry more fault for leaving ice in a walkway.
- Bike crash in a crosswalk. You cross at the crosswalk but look up late. A driver texts and does not yield. A decision maker might assign some fault to you for not looking sooner. The driver may carry more fault for distracted driving.
In each example, your choices matter. The other person’s choices matter too. The law tries to spread blame based on conduct.
How insurance companies use fault against you
Insurance companies understand the 51 percent cutoff. They know every percentage point of blame cuts what they might pay. That pressure shapes how they treat you.
You may see these tactics.
- They ask leading questions and twist your words.
- They push you to give recorded statements soon after the event.
- They claim you “should have seen” the hazard.
- They point to minor mistakes to claim large fault.
Your words matter. A simple “I am sorry” can be turned into an admission of fault. You can protect yourself by staying calm, sharing only facts, and writing down what happened as soon as you can.
What you can do right after an injury
Your steps after an injury can shape how fault is judged. You do not need to be perfect. You only need to be careful and honest.
- Call 911 if anyone is hurt. Police and medical records help confirm what happened. The Centers for Disease Control and Prevention shares injury facts and safety guidance at cdc.gov.
- Get medical care and follow treatment. Gaps in care give insurers an excuse to blame you.
- Take photos of the scene, your injuries, and any hazards.
- Collect contact information for witnesses.
- Write your own timeline while your memory is clear.
- Do not guess about fault. Only state what you saw and heard.
Careful steps help protect you from unfair blame. They also support your claim if you were not at fault or only partly at fault.
Types of compensation that may be reduced
If you are 50 percent or less at fault, you may seek money for several kinds of loss. Your fault percentage can reduce all of them.
- Medical costs. That includes hospital visits, follow up care, and needed devices.
- Lost pay. That includes missed work and reduced future earning ability.
- Property damage. That includes car repairs or replacement of damaged items.
- Pain and suffering. That includes physical pain and loss of daily joys.
The law treats these losses as one total. Your fault percentage then cuts that total. The more blame they pin on you, the less your family receives.
Why local context in Wauwatosa matters
Every community has its own traffic patterns, road designs, and weather. Wauwatosa has busy routes, winter ice, and mixed bike and car use. These local facts affect how fault is judged.
For example, black ice on side streets can cause crashes even when you drive with care. Crowded shopping lots can cause parking lot crashes at low speeds. In both cases, design, lighting, and plowing choices can share part of the blame. Fault rarely falls on one person alone.
Using trusted public resources
You can learn more about Wisconsin injury law and safety from public sources. The Wisconsin Legislative website posts current statutes at docs.legis.wisconsin.gov. The site is dense but shows the exact words that courts and insurers use. Federal and state safety sites also share data on crashes and falls. They help you understand how common these events are and why shared fault matters for many families.
Key takeaways for families in Wauwatosa
- You can still recover money if you are up to 50 percent at fault.
- Your payment is cut by your share of fault.
- If you reach 51 percent fault, the law blocks recovery.
- Insurance companies work to raise your fault percentage.
- Your early choices can protect you from unfair blame.
You do not need to carry this weight alone. You can ask questions, review your options, and get help that respects your story and your pain. Shared fault does not erase your rights. It only changes how you fight for them.
