Car Accident Liability in Wisconsin
In every motor vehicle accident, liability must be determined for insurance purposes as well as damages. Wisconsin is an “at-fault” state. This means that if you do get into a motor vehicle accident, you have to first file a claim with your own insurance. Then, you need to file a claim against the at-fault driver. Afterward, you may want to contact a personal injury attorney so that you can file a personal injury lawsuit against the at-fault driver.
Wisconsin Insurance Requirements
Drivers in Wisconsin have to meet certain insurance requirements. They must have the following:
- $25,000 liability coverage for bodily injury or death of one person
- $50,000 liability coverage for total bodily injury or death liability
- $10,000 liability coverage for property damage per accident
This ensures that there is coverage when a claim is filed with an insurance company after an accident.
State Laws for Personal Injury Claims
There are two important things to keep in mind when filing a personal injury claim. The first is the statute of limitations. In Wisconsin, the allowable time frame for filing a claim is three years from the date of injury. Afterward, you won’t be able to file a claim.
The second is that Wisconsin is a “modified comparative fault” state. This means that, when assigned fault, the person filing a claim will be unable to seek compensation if they are more than 50% to blame for the accident.
Filing a Wrongful Death Claim
In Wisconsin, wrongful death is defined as a death that is caused by another party's wrongful act, neglect, or default in a situation when the deceased could have filed a personal injury lawsuit had they survived.
The Centers for Disease Control and Prevention states that there are 37,595 motor vehicle deaths a year. Losing a loved one is hard, especially if it is at the hands of an unexpected car accident. If you have lost a loved one because of someone else’s negligence, you can file a wrongful death claim on their behalf. Anyone who is a close family member of the deceased — such as parents, spouses, children, or siblings — can file on behalf of their loved one. In order for it to be considered a wrongful death, there must have been a duty of care that was breached between your loved one and the other party.