Why the first number is rarely the real number
Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.
A single line that decides two different things
Under Wis. Stat. § 895.045, a defendant found 51% or more at fault is jointly and severally liable for the entire judgment — meaning a claimant could potentially collect the full amount from that one defendant alone. A defendant found less than 51% at fault is severally liable only for their own proportionate share of the total.
Why this matters at the negotiating table
Whether a specific defendant's fault lands just above or just below that 51% line meaningfully changes their actual exposure — and can shape how aggressively their insurer is willing to negotiate. A defendant whose insurer believes they're close to that threshold has real incentive to argue their fault percentage down below it.
A claim can succeed against one defendant and fail against another
Because a claimant's own negligence is compared separately against each defendant for purposes of the fault bar, it's genuinely possible to be barred from recovery against one defendant while the claim survives against another in the same lawsuit — a nuance worth understanding before evaluating any multi-defendant offer.
The baseline still applies
None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.