Legal Defenses in Wisconsin Personal Injury Lawsuits

When involved in a personal injury lawsuit in Wisconsin, understanding the legal defenses that can be raised is crucial. These defenses play a significant role in determining the outcome of a case and can significantly affect the compensation awarded. Here are some common legal defenses utilized in Wisconsin personal injury lawsuits.

1. Comparative Negligence

Wisconsin follows a modified comparative negligence rule. This means that if the injured party (plaintiff) is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if a jury finds the plaintiff 30% responsible for their injuries, their damages will be reduced by that percentage. If the plaintiff is found to be more than 50% at fault, they may be barred from recovering any damages.

2. Assumption of Risk

The assumption of risk defense can be invoked when the plaintiff voluntarily engages in an activity that carries inherent risks. If a plaintiff is aware of the risks involved and chooses to proceed anyway, the defendant may argue that the plaintiff assumed these risks and should not be entitled to compensation. This is often seen in cases involving sports, recreational activities, or hazardous work environments.

3. Statute of Limitations

In Wisconsin, personal injury claims must be filed within three years from the date of the injury. If a plaintiff fails to file their lawsuit within this time frame, the defendant can raise the statute of limitations as a defense, potentially leading to the dismissal of the case. It is essential for plaintiffs to be aware of these deadlines to protect their rights.

4. Lack of Causation

Another common defense is the lack of causation. Defendants may argue that the plaintiff’s injuries were not caused by their actions but by other factors or accidents. Establishing a direct link between the defendant’s conduct and the injury is critical for the plaintiff’s case. If causation cannot be proven, the defendant may not be held liable.

5. Pre-existing Conditions

Defendants may argue that a plaintiff’s injuries were pre-existing rather than caused by the incident in question. This defense seeks to show that the plaintiff had prior health issues that contributed to their current condition. If successful, this can significantly reduce the damages awarded.

6. Immunities

In some cases, specific immunities protect defendants from liability. For example, government entities and employees may have sovereign immunity, which shields them from personal injury lawsuits in certain situations. Understanding the context of the accident is critical in determining whether any immunity applies.

7. Consent

The defense of consent may apply in situations where the injured party gave explicit or implicit consent to the activity that led to their injuries. This can be notable in personal injury cases resulting from contact sports or medical procedures, where risks are often disclosed and accepted beforehand.

Conclusion

Legal defenses in personal injury lawsuits vary in complexity and application. Defendants in Wisconsin have several strategies at their disposal to contest liability, including comparative negligence, assumption of risk, and pre-existing conditions. Understanding these defenses helps both plaintiffs and defendants navigate the legal landscape more effectively.

For anyone involved in a personal injury case in Wisconsin, consulting with a knowledgeable attorney can provide clarity and guidance on potential defenses and strategies. Being informed is essential for protecting your rights and achieving a favorable outcome.