Wisconsin Car Accident Lawyer

How Much Does a Car Accident Lawyer Cost in Wisconsin?

Most Wisconsin car accident lawyers work on contingency fees, which generally range from 33-40% of your settlement. However, the exact percentage can vary based on an attorney's experience and your case's specifics, such as whether it goes to trial.

Contingency fees can be highly beneficial to injured individuals. Not only does a contingency agreement make quality legal representation accessible regardless of your financial situation, but your attorney will also be motivated to fight hard since they only get paid when you get paid. In most cases, they will also advance case expenses, like filing costs, expert witness fees, and other litigation costs.

How to Hire a Wisconsin Car Accident Attorney

Make sure to hire an attorney who has experience and a track record of successfully handling car accident cases. Look for someone who communicates clearly and has trial experience, even if your case likely settles.

During your free consultation, ask questions about the lawyer's experience with cases similar to yours and results achieved for past clients. Don't forget to clarify whether they work on contingency and what expenses you might be responsible for. Listen to your gut feeling, too. You may be spending considerable time with your lawyer and will want to work with someone who is communicative, empathetic, and openly answers your questions.

What Is the Average Car Accident Settlement in Wisconsin?

No two car accident settlements are the same, as payouts depend on the extent of the victim's injuries and damages. However, the average car accident settlement as of 2025 is around $30,000. That said, for catastrophic injuries, the figure can be much higher, from $500,000 and upward.

Your specific settlement will depend on several factors, including medical expenses, lost wages, property damage, pain and suffering, and Wisconsin's comparative negligence rules. Unfortunately, insurers know that unrepresented victims usually settle for far less than their cases are worth, which is why having a seasoned advocate by your side is crucial for recovering what you need and deserve.

Filing a Car Accident Lawsuit in Wisconsin

Wisconsin's legal system has specific requirements and deadlines that can make or break your car accident claim. Here's what to know:

Deadline for Filing a Lawsuit

According to Wisconsin law, you have three years from the date of the accident to file a personal injury lawsuit. However, if the car accident caused someone's death, Wisconsin sets a two-year time limit on filing a wrongful death claim. Waiting too long could damage your case as evidence disappears and witnesses' memories fade.

Wisconsin Comparative Fault Rule

Wisconsin follows a "modified comparative negligence" rule under Wisconsin Statute 895.045. This means you can recover damages even if you're partially at fault for the accident, as long as your share of liability "was not greater than the negligence of the person against whom recovery is sought". In other words, you can be up to 50% at fault and still recover compensation, but your award will be reduced by your percentage of fault.

Minimum Insurance Requirements

Wisconsin requires drivers to carry specific minimum liability insurance coverage: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 for property damage. The state also requires uninsured motorist bodily injury coverage of $25,000 per person and $50,000 per accident.

Police Report Requirements

You must file a police report if the crash results in injury to or death of any person, damage to state or government property of $200 or more, or total damage to property owned by any one person of $1,000 or more.

Wisconsin Damage Caps

Wisconsin generally has no caps on economic damages in car accident cases. Non-economic damages (pain and suffering) are typically only capped in medical malpractice cases, not standard car accident claims.

How Does a Car Accident Lawsuit Work in Wisconsin?

Wisconsin car accident lawsuits follow a clear sequence. Once your attorney files the petition, the defendant typically has 30 days to respond. This usually results in a discovery phase where both sides exchange evidence and depose (interview) witnesses, which can take several months.

Most cases settle during this period, but if the parties can't agree on a resolution, a case will proceed to trial, where a judge or jury decides the outcome. Throughout this process, your car accident lawyer handles the legal aspects while you focus on recovery.

Types of Car Accident Cases in Wisconsin

Wisconsin roads see various accident scenarios, each with unique legal considerations:

Rear-end collisions are common on busy highways like I-94 and I-43, especially during Wisconsin's harsh winter months when ice and snow create hazardous conditions.

T-bone crashes often involve contested liability, requiring witness testimony or traffic camera footage to determine who had the right-of-way at intersections.

Head-on collisions are less common but typically involve substantial compensation for severe injuries or wrongful death.

Drunk driving accidents - Wisconsin has concerning impaired driving statistics, with an impaired or speeding driver involved in 49% of fatal crashes in 2021. DUI crashes can involve both criminal charges and civil lawsuits, and could include punitive damages against the intoxicated driver.

Commercial truck accidents - Crashes with trucks can be complex and involve multiple defendants, like the trucking company or a repair shop. They require specialized attorneys who understand federal regulations.

Winter weather accidents - Wisconsin's notoriously harsh winters create unique driving hazards, from black ice to whiteout conditions. According to Wisconsin DOT data, 128,296 crashes occurred in 2021, with weather-related crashes being a significant factor during winter months.