Kenosha Comparative Negligence Lawyer

In car accident and personal injury cases, fault is not always clear-cut. Wisconsin follows a comparative negligence rule, which means that even if you share some responsibility for a crash, you may still recover financial compensation. However, your award will be reduced based on your degree of fault. If you’re facing a personal injury lawsuit affected by shared liability, a Kenosha comparative negligence lawyer can protect your rights and ensure your case is evaluated fairly.

At the Law Offices of Gary S. Greenberg, our Kenosha personal injury lawyers have extensive experience navigating Wisconsin’s comparative negligence law in car accidents, slip-and-fall cases, and wrongful death claims. We provide strong legal representation and aggressive advocacy to help injured accident victims pursue fair compensation. Call today for a free legal consultation.

Understanding Comparative Negligence in Wisconsin

Comparative negligence allows accident victims who share fault to still pursue a personal injury claim, as long as they are not more than 50% at fault. Under this legal system, any financial compensation you recover will be adjusted according to your percentage of fault. For example, if you suffered $100,000 in damages but were 20% responsible, your award would be $80,000. Knowing how to present evidence that minimizes your percentage of fault is key to maximizing your recovery in a car accident case.

How Shared Fault Affects Your Claim

When filing a personal injury case in Kenosha, the at-fault party’s insurance company will often argue that you share blame. This is especially common in car crash cases, where insurance adjusters seek to lower your payout with claims of negligent behavior. Without experienced personal injury attorneys on your side, accident victims can end up with lowball settlements that fail to cover medical bills and lost wages.

Our legal team investigates every aspect of your crash, gathers valuable evidence, and challenges fault assessments to reduce your percentage of responsibility. If necessary, we take your case to court to pursue full compensation in court rather than accepting reduced offers.

Cases Where Comparative Negligence Applies

Comparative negligence applies to a wide variety of injury cases. Whether you’re involved in a car accident, a wrongful death case caused by shared fault, or another personal injury claim, the rules are the same. Our Kenosha personal injury attorneys handle all types of cases where fault may be disputed:

  • Rear-end collisions where both drivers contributed
  • Intersection accidents involving unclear right of way
  • Pedestrian-versus-automobile crashes where fault is contested
  • Trip-and-fall claims on unsafe premises

In each situation, our lawyers work to allocate fault accurately and reduce your liability percentage so you can recover the maximum compensation possible under Wisconsin law.

The Legal Process for Comparative Negligence Cases

If you’re pursuing a personal injury lawsuit under comparative negligence rules, the first step is a free consultation with our skilled accident lawyers. We’ll evaluate your legal options and help you file the claim properly. Then, our team will gather evidence including police reports, medical bills, expert testimony, and witness statements—all of which play a critical role in proving fault.

Insurance companies often use shared-fault arguments to diminish your claim. Our attorneys confront these tactics head-on and fight for your legal rights at every stage. We guide you through mediation or court proceedings, ensuring the at-fault party is held responsible and that you recover used compensation for your injuries.

Recover Compensation Despite Shared Fault

Even if you’re partly responsible, Wisconsin law ensures you have the right to recover compensation. Our lawyers help accident victims claim damages for medical expenses, lost wages, pain and suffering, and other losses—even after accounting for fault.

For example, if a car accident victim was injured and claimed $50,000 in medical bills and $10,000 in lost wages, but found to be 10% at fault, they could still recover $54,000 minus 10%, resulting in $48,600. Skilled legal representation is key to securing full compensation under these rules.

Why Choose Our Law Firm

In Kenosha, personal injury attorneys must be well-versed not only in accident cases but also in comparative negligence principles. Our lawyers offer deep knowledge of Wisconsin law, courtroom experience, and strong commitment to client success.

We represent injury victims throughout Kenosha and southeastern Wisconsin in car accident and wrongful death cases complicated by shared fault. Our legal team fights insurance companies that use comparative negligence to justify low settlements, ensuring our clients receive fair compensation they deserve.

We offer a free consultation and work on a contingency fee basis—meaning you pay nothing unless we win or settle your case. Let our attorneys advocate for your recovery.

Take Action Before It’s Too Late

Wisconsin’s statute of limitations gives you three years to file a lawsuit, but evidence can disappear quickly. If you’ve been hurt in a crash or personal injury accident complicated by shared fault, act now.

Learn more about your legal options from a Kenosha comparative negligence lawyer. Call the Law Offices of Gary S. Greenberg at (414) 271‑7007 for your free legal consultation today. We will review your case promptly and guide you toward the best path to justice and recovery.

FAQs About Comparative Negligence in Kenosha

What is comparative negligence?

Comparative negligence is a legal doctrine in Wisconsin that allows injured parties to recover compensation even if they are partly at fault for their accident. Your payout is reduced in proportion to your percentage of fault.

Can I still recover compensation if I’m more than 50% at fault?

No. Under Wisconsin law, if you are determined to be over 50% at fault, you are barred from recovering any compensation in your personal injury case.

How is fault determined in a car accident case?

Fault is established through evidence like police reports, witness testimony, accident reconstructions, and expert analysis. Your personal injury attorneys will collect valuable evidence and fight for an accurate determination under Wisconsin law.

Why do insurance companies argue comparative negligence?

Insurance companies cite shared fault to minimize payouts. They may offer a lowball settlement early, hoping you’ll accept less than you deserve. Our legal representation ensures you understand your legal rights and resist these tactics.

How soon should I contact a lawyer?

Prompt legal help is essential. Evidence like crash scene photos and medical records is often time sensitive. Contact a Kenosha personal injury lawyer as soon as possible to protect your case.