Injury · Wisconsin
the short answer
You have three years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being more than half to blame ends the claim. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.
source ↗Not yet checked against the statute.
governing statute
source ↗Not yet checked against the statute.
who pays first
Wisconsin is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (Wis. Stat. § 344.62)
source ↗Not yet checked against the statute.
Across the country. 38 of the 51 states written up answer this the same way as Wisconsin. Compare every state →
your share of the fault
You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (Wis. Stat. § 895.045)
source ↗Not yet checked against the statute.
Across the country. 24 of the 51 states written up answer this the same way as Wisconsin. Compare every state →
limit
3 years
source ↗Not yet checked against the statute.
Across the country. 18 of the 51 states written up answer this the same way as Wisconsin. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
small claims limit
$10,000
source ↗Not yet checked against the statute.
exceptions: $5,000 for a claim in tort, which includes a personal injury. Eviction has no limit at all. The general limit rises to $15,000 on 1 January 2027.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Wisconsin. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
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