Wisconsin Personal Injury Settlement Value Calculator

Wisconsin bars recovery only once your fault exceeds 50% — and that same 51% line also decides whether a defendant pays the whole judgment or just their own share. Its malpractice cap survived a real reversal at the state's highest court. Enter your numbers below for a real estimate.

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What is your claim worth?

Enter your actual costs, pick how serious the injury was, and tell us your own share of fault, if any.

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Estimated settlement range
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How this estimate is built

Your medical expenses and lost wages are your economic damages. We apply the multiplier method, the industry-standard approach, to estimate noneconomic damages — then apply Wisconsin's fault rule and check whether its malpractice cap genuinely applies.

One threshold, two very different rules

Under Wis. Stat. § 895.045, Wisconsin bars recovery only when a claimant's fault is greater than 50% — exactly 50% fault still allows recovery, reduced proportionally. The same 51% line does double duty: a defendant found 51% or more at fault is jointly and severally liable for the entire award, while a defendant found less than 51% at fault is severally liable only for their own proportionate share. A claimant's negligence is also compared separately against each defendant, so a claim could be barred against one defendant while surviving against another in the same case.

A damages cap with a real courtroom history

Wisconsin caps noneconomic damages in medical malpractice cases at $750,000 per occurrence under Wis. Stat. § 893.55. An earlier $350,000 version of this cap was struck down as unconstitutional by the Wisconsin Supreme Court in 2005 (Ferdon). The legislature responded by raising the cap to $750,000 — and a state appeals court later struck that figure down too, following the same reasoning. But the Wisconsin Supreme Court reversed, explicitly overruling its own 2005 decision and upholding the $750,000 cap as constitutional. Economic damages remain fully recoverable with no cap at all.

A fund that guarantees the uncapped side

Wisconsin's Injured Patients and Families Compensation Fund guarantees payment of 100% of economic damages in a malpractice case — a backstop that exists specifically because the noneconomic side carries a cap.

Wisconsin settlement value — frequently asked questions

Does exactly 50% fault bar recovery in Wisconsin?

No. Wisconsin bars recovery only when a claimant's fault is greater than 50% — exactly 50% fault still allows recovery, reduced proportionally by that percentage.

Does the same 51% threshold affect how multiple defendants pay a Wisconsin judgment?

Yes — a defendant found 51% or more at fault is jointly and severally liable for the entire award, while a defendant found less than 51% at fault is severally liable only for their own proportionate share.

What is Wisconsin's medical malpractice noneconomic damages cap?

$750,000 per occurrence, regardless of the number of defendants, under Wisconsin Statute Section 893.55. This cap was upheld as constitutional by the Wisconsin Supreme Court.

Was Wisconsin's malpractice cap ever struck down by a court?

Yes — an earlier $350,000 cap was struck down as unconstitutional in 2005, and a state appeals court later struck down the replacement $750,000 cap too. But the Wisconsin Supreme Court reversed that decision, explicitly overruling its own 2005 precedent and upholding the $750,000 cap as constitutional.

Is this Wisconsin settlement value estimate a guarantee of what I'll receive?

No. It's an estimate based on the multiplier method commonly used across the industry. Actual settlements depend on liability, insurance policy limits, evidence, and negotiation, and can vary significantly.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on the multiplier method commonly used across the personal injury industry, Wis. Stat. § 895.045, and Wis. Stat. § 893.55, verified per our methodology. Confirm what your specific claim is worth with a licensed Wisconsin attorney before acting.