Wisconsin is a comparative fault state. That means that the injured person can only recover if his or her negligence is not greater than the negligence of the person against whom the claim is made. To the extent that the injured person has some degree of causal negligence, the damages are reduced by the percentage of negligence attributable to the victim. Where more than one person has negligently caused the injury, there is often a dispute over the comparative fault of two or more tortfeasors and the victim. Contribution among tortfeasors may be sought by parties who pay more than their share of the damages.
Several factors are quite important in evaluating the injury.
There is usually a high correlation between the amount of property damage and the extent of injury to passengers. Insurance companies seldom voluntarily pay substantial damages for an injury in the absence of significant property damage. It is important for the victim to document the injury to the extent possible by following the advice of health care providers in every aspect on the road to recovery. This requires detailed record keeping and correspondence to the medical providers and usually several different health or medical payment auto insurers. The liability carrier will look not only at the gross amounts of special damages incurred, but also from whom the treatment was rendered, and for what service.