How Much is Your Claim Worth?
How Much is Your Claim Worth?
Wisconsin is a traditional fault state. When you are injured in an accident, you have the right to go after the at-fault driver and other liable parties for compensation. Other parties might be the vehicle owner (if not the driver) or the driver’s employer, if the driver was on the job when they caused the crash.
The average car accident settlement in Wisconsin for a moderate injury claim is $24,218. Average payouts range from $5,804 for minor injuries to $160,843 for severe injuries.
We analyzed a group of lawsuits filed in Wisconsin courts by plaintiffs who were injured in traffic accidents. Most lawsuits were against the at-fault driver, and a few other named parties, like the driver’s parents. All lawsuits resulted in a payout to the injured victim, either from a jury award or a settlement before trial.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $5,804 |
| Moderate Injury | $24,218 |
| Severe Injury | $160,843 |
Payout Range by Severity of Injury |
|
| Minor Injury | $1,500 – $10,495 |
| Moderate Injury | $10,500 – $35,325 |
| Severe Injury | $100,000 – $1,434,908 |
Side-impact collisions are the most common type of traffic accident throughout the county, followed by rear-end collisions.²
Average Side-Impact Collision Settlements |
|
|---|---|
| Minor Injury | $6,742 |
| Moderate Injury | $30,448 |
| Severe Injury | $183,005 |
Average Rear-End Accident Settlements |
|
| Minor Injury | $3,906 |
| Moderate Injury | $18,215 |
| Severe Injury | $157,341 |
Average Neck and Back Injury Settlements |
|
|---|---|
| Minor Injury | $6,135 |
| Moderate Injury | $23,330 |
| Severe Injury | $148,439 |
Average Head Injury Settlements |
|
| Minor Injury | $5,113 |
| Moderate Injury | $11,250 |
| Severe Injury | $148,281 |
Insurance settlements for Wisconsin car accidents primarily depend on the scope and severity of injuries. Lawyers and insurance companies start by looking at the victim’s medical costs, then evaluate the claimant’s lost income and out-of-pocket expenses, and add an amount for pain and suffering.
Wisconsin is a traditional fault or “tort” state, so you can demand payment for all your damages from the at-fault driver. Most car accident cases start with a claim against the at-fault driver’s auto insurance. In tort states like Wisconsin, you can seek full compensation, even for mild to moderate claims.
First, add up your economic damages, like medical bills, lost wages, and out-of-pocket expenses for medications and replacement services. Then add one to three times the total of your economic damages to pay for your non-economic damages, commonly called pain and suffering.
You need an experienced personal injury attorney to get the payout you deserve for severe or permanent injury claims. The attorney will locate eligible sources of compensation, and collect evidence proving your injuries, future medical costs, loss of earning capacity, and the physical and emotional suffering you’ve endured.
The average settlement for car accident claims in Wisconsin is $24,218. Your settlement will depend on the severity of your injuries, shared fault, and available insurance funds.
Wisconsin Rules of Professional Conduct prohibit attorneys from charging excessive fees. Personal injury attorneys customarily charge a contingency fee between 33 and 40 percent of the final compensation they recover.
Type of Injury: Neck injury; Other- Body stiffness and soreness
Type of Accident: Rear-end
Award/Settlement Amount: $1,500
Case Summary: Plaintiff was travelling with two of her teenage daughters in the same lane as Defendant. When she stopped at an intersection she was rear-ended by Defendant’s vehicle. Plaintiff sustained injuries to her neck while the daughters suffered stiffness and soreness. Plaintiffs sued Defendant for negligence and sought compensation for injuries and medical expenses. Defendant denied liability but offered a settlement. Parties agreed to settle the matter.
Location: Eau Claire, Wisconsin
Case Name and Docket Number: Vang v. Kieper ,2004CV000608
Type of Injury: Head injury- Head Contusion
Type of Accident: Side-impact
Award/Settlement Amount: $1,500
Case Summary: Plaintiff and her daughter were struck by a vehicle that was driven by Defendant while they were on a motorcycle at an intersection. Plaintiff’s daughter suffered injuries to her head which was struck by the car door and was diagnosed with head contusion. Plaintiff sued the Defendant for negligent driving, speeding, inattentive driving and failure to follow traffic signals. Defendant denied liability and asserted affirmative defenses of comparative negligence and failure to mitigate damages. Parties reached a settlement.
Location: Waukesha, Wisconsin
Case Name and Docket Number: Williams v. Wang, 03CV562
Type of Injury: Head and Neck Injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,501
Case Summary: Plaintiff was driving through an intersection when she was struck in the rear by a vehicle driven by Defendant. Plaintiff sustained head and neck injuries. Plaintiff sued Defendant for negligence, claiming damages for physical injuries suffered and medical expenses. Defendant denied liability and contended that there wasn’t sufficient information to Plaintiff’s claims and that Plaintiff’s prolonged injuries were a result of her own negligent care and that the injuries were minor. Jury returned a Plaintiff verdict awarding $1,501 as compensation for past hospital and medical expenses.
Location: Racine, Wisconsin
Case Name and Docket Number: Washington v. Mid-Century Ins. ,2006WL-3896749
Type of Injury: Head and Leg Injuries
Type of Accident: Side-impact
Award/Settlement Amount: $3,087
Case Summary: Plaintiffs were involved in a motor vehicle collision with Defendant. Plaintiff D.A sustained head injury and abrasion to her left thigh while plaintiff C.A suffered abrasions and contusions to his scalp. Plaintiff sued Defendant for negligent, careless and reckless driving, failure to follow traffic rules and failure to maintain proper lookout. The parties reached a settlement.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Re D.A and C.A,05CV000206
Type of Injury: General injuries to Neck, Upper-back, Shoulder and Chest Wall
Type of Accident: Rear-end
Award/Settlement Amount: $3,100
Case Summary: Plaintiff was driving through an intersection ramp when she was struck in the rear by a vehicle driven by Defendant. Plaintiff sustained injuries to her neck, upper-back, shoulders and chest wall and complained of prolonged physical pain. Plaintiff sued Defendant for negligence and claimed damages for injuries and medical expenses. Defendant denied liability, pleaded contributory negligence and alleged that the Plaintiff was not wearing a seatbelt at the time of collision. Jury returned a Plaintiff verdict, awarding $2,500 for medical expenses, $500 for pain and suffering, and $100 for wage loss.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Suit v. Hoffman,2004CV000620
Type of Injury: Soft tissue injuries.
Type of Accident: Rear-end
Award/Settlement Amount: $3,443
Case Summary: Plaintiff and Defendant were operating their vehicles in the same lane when Plaintiff was rear-ended by Defendant as she stopped at a red light. Plaintiff sustained soft tissue injuries. Plaintiff sued Defendant for negligence, failure to follow traffic lights, failure to maintain proper lookout and claimed damages for medical expenses incurred, physical and emotional pain. Defendant admitted liability for the accident but contended that the collision was as minor a rear-end impact. The parties reached a settlement.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Medina v. Hankenson , 06-CV-004849
Type of Injury: Back Injury- Spinal hyperflexion extension, Back Strain; Other – Neck Injury
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff , a minor, was a passenger in his parent’s vehicle that was rear-ended by a vehicle driven by Defendant in the scope of employment. Plaintiff sustained neck, hyper flexion extension of the spine and back strains as a result of the collision. The Plaintiff sued Defendant and his employer for negligent driving and negligent operation of the vehicle claiming damages for medical expenses, pain suffering, disability and lost consortium. Defendants and insurance company offered to settle the matter covering medical expenses. The parties reached a settlement.
Location: Dane, Wisconsin
Case Name and Docket Number: Re Wilkins, 2011CV3079
Type of Injury: Leg, Hand and Fingers Injuries
Type of Accident: Pedestrian
Award/Settlement Amount: $6,000
Case Summary: Plaintiff was struck by a motorcycle driven by Defendant while she was crossing the crosswalk at an intersection. Plaintiff sustained injuries to her legs, hand and fingers. Plaintiff, through their guardian ad litem, sued Defendant for inattentive, careless, reckless and negligent driving. She sought compensations for injuries suffered and medical expenses incurred. Defendant contended that he had not seen Plaintiff as he swerved around a truck. Defendant also claimed that the injuries suffered were minor. Defendant filed a notice to settle and offered $6,000 as settlement which the Plaintiff accepted.
Location: Brown, Wisconsin
Case Name and Docket Number: ES. v. Lopez,2005 WL 3953741
Type of Injury: General Injuries to Neck, Back, left side and left thigh
Type of Accident: Rear-end
Award/Settlement Amount: $6,100
Case Summary: Plaintiff’s vehicle was struck in the rear by Defendant’s vehicle at a red light. Plaintiff sustained injuries to the neck, back and left thigh. Plaintiff sued Defendant for negligent driving. Defendant denied the allegations and asserted contributory negligence. Defendant also asserted contributory negligence. Jury returned a Plaintiff verdict awarding; $2,600 for medical expenses, $2,000 for pain, suffering and disability and $1,500 for lost earning capacity.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Murphey v. Oldfield, 2003CV010595
Type of Injury: Back Injury- Cervical- lumbosacral sprain/strain injuries, cervical, thoracic and lumbar subluxation.
Type of Accident: Rear-end
Award/Settlement Amount: $6,700
Case Summary: Plaintiff was driving his vehicle and stopped at a traffic light where he was rear-ended by a vehicle driven by Defendant. Plaintiff sustained cervical and lumbosacral sprain/strain ; cervical, thoracic and lumbar subluxation injuries. Plaintiff sued Defendant for negligence in speeding and driving while intoxicated. Plaintiff claimed compensation for physical injuries and medical expenses. Defendant contended that Plaintiff was personally negligent for his injuries and failed to state a claim in the suit. Jury returned a Plaintiff verdict and awarded $2,700 for past medical expenses and $4,000 for pain, suffering and disability.
Location: Dane, Wisconsin
Case Name and Docket Number: Gervasi v. Thompson,2006CV003296
Type of Injury: Head Injury – Concussion; Other- Facial lacerations.
Type of Accident: Side-impact
Award/Settlement Amount: $8,980
Case Summary: Plaintiff was a passenger in a vehicle which was struck by a vehicle driven by Defendant in the scope of his employment. Plaintiff suffered injuries to her face and had a concussion. Plaintiff sued Defendant for negligent driving and claimed damages for injuries suffered and medical expenses incurred. Defendant offered a settlement covering medical expenses, out-of pocket costs and an annuity. The parties reached a settlement.
Location: Dane, Wisconsin
Case Name and Docket Number: Re CG, 04CV1908
Type of Injury: Back Injury- Lower Back pain; Other- Neck injury
Type of Accident: Side-impact
Award/Settlement Amount: $9,650
Case Summary: Plaintiff had stopped at a stop sign when she was struck in the front by a vehicle driven by Defendant. Plaintiff sustained injuries to her face, knee and back. Plaintiff sued Defendant for negligent driving, failure to keep proper lookout, failure to follow traffic rules, failure to control his car and failure to yield the right-of-way. Plaintiff sought compensation for pain, suffering and disability, medical expenses, and lost wages and earning capacity. Defendant denied liability and asserted contributory negligence against Plaintiff. Jury returned a Plaintiff verdict awarding $4,900 for medical expenses and $4,750 for pain, suffering and disability.
Location: Waukesha, Wisconsin
Case Name and Docket Number: Clabault v. Kaiser,2005WL-1631061
Type of Injury: General injuries to Neck, Mid-Back and Lower-Back
Type of Accident: Head-on
Award/Settlement Amount: $10,000
Case Summary: Plaintiff, a 4-year-old, was a passenger in her mother’s vehicle when Defendant struck their vehicle head-on. Plaintiff sustained neck, mid-back and lower-back injuries. Plaintiff received medical treatment for neck, mid-back and lower back pain and underwent a protracted course of chiropractic care. Plaintiff claimed that defendant was negligent in driving, failed to keep proper lookout, failed to keep traffic rules and his actions caused the accident and injuries suffered. Defendant admitted liability and offered to settle the matter. The parties reached a settlement.
Location: Dane, Wisconsin
Case Name and Docket Number: Re A.S,2005CV000356
Type of Injury: Back Injury- Cervical injury; Other- Neck injuries
Type of Accident: Head-on
Award/Settlement Amount: $10,000
Case Summary: Plaintiff’s vehicle collided with Defendant vehicle while driving on the interstate. Plaintiff sustained injuries to her neck cervical injuries, requiring a cervical discectomy and fusion. Plaintiff sued Defendant for negligent driving and claimed damages for injuries suffered and medical expenses. Defendant contended that the injuries suffered by the Plaintiff were minor and that at the scene of the accident she refused treatment. Jury returned a Plaintiff verdict awarding $320 for past wage loss, $4,500 for past medical expenses, $5,180 for past and future pain and suffering.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Brummels v. Hobban,2003CV010769
Type of Injury: Head Injury- Forehead laceration; Others- Knee and neck injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,495
Case Summary: Plaintiff was operating her vehicle when she was struck by a vehicle driven by Defendant at an intersection. Plaintiff sustained multiple injuries, including a laceration to her forehead, knee pain and neck pain. Plaintiff sued the Defendant for negligent driving and failure to yield right of way. Defendant denied liability and asserted contributory negligence and challenged the extent of injuries suffered. Jury returned a Plaintiff verdict and awarded $7,500 for past pain, suffering and disability $2,588 for past health care expenses; $408 for past loss of earning capacity.
Location: Eau Claire, Wisconsin
Case Name and Docket Number: Schuch v. Kewin ,2004CV000077
Moderate car accident injuries include more extensive soft-tissue injuries, like simple fractures, cuts that need stitching, whiplash, slipped or ruptured discs, and moderate concussions. Some moderate injuries, like herniated discs, may have residual effects. Victims may be out of work for weeks or months, depending on the physical requirement of their job.
Type of Injury: General Injuries to Head, neck, back, left thigh and right ankle.
Type of Accident: Rear-end
Award/Settlement Amount: $10,500
Case Summary: Plaintiff was driving his vehicle with his wife and son as passengers. Defendant was driving in the same lane behind the Plaintiff Vehicle. When Plaintiff stopped at a red light, his vehicle was struck in the rear by a vehicle driven by Defendant. Plaintiff’s son who was in the back seat suffered neck, back, left thigh and right ankle injuries. Plaintiff sued Defendant for negligent driving and claimed damages for the injuries suffered. The Defendant denied any negligence and contended that the Plaintiff failed to state a claim. Parties reached a settlement.
Location: Brown, Wisconsin
Case Name and Docket Number: M.S v Rensch,04-CV-1142
Type of Injury: Head Injury- Concussion; Other- Neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $12,000
Case Summary: Plaintiff, who was a minor, was a passenger in a vehicle stopped at a highway and then rear-ended by a vehicle driven by defendant. Plaintiff sustained head and neck injuries, and a concussion as a result of the collision. Plaintiff’s parents sued the defendant and his insurer for negligent driving, failure to maintain proper lookout and failure to yield right of way . Defendant denied the allegations. Parties reached a settlement.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Re CM, 2004CV002052
Type of Injury: Leg Injury- Left Knee Injuries
Type of Accident: Rear-end
Award/Settlement Amount: $15,308
Case Summary: Plaintiff was driving her vehicle and stopped at a stop sign near an intersection when she was rear-ended by a vehicle driven by Defendant. Plaintiff sustained injuries to her left knee. Plaintiff sued the Defendant for failure to maintain a proper lookout, and overspeeding. Defendant contended that Plaintiff failed to wear a seatbelt when driving and asserted contributory negligence. Defendant also claimed Plaintiff injuries were from a pre-existing condition. Jury returned Plaintiff verdict and awarded $7,808 for medical expenses and $7,500 for pain, suffering and disability.
Location: Brown, Wisconsin
Case Name and Docket Number: Myers v. Kuemmel, 05-CV-1730
Type of Injury: Back Injury- upper-back injuries; Others- Neck and facial injuries
Type of Accident: Rear-end
Award/Settlement Amount: $17,200
Case Summary: Plaintiff was driving her vehicle in the same lane as Defendant who was driving behind her. A squad car blasting its emergency sirens approached the lane and the Plaintiff stopped her car which resulted into the Defendant rear-ending her vehicle. Plaintiff sustained neck, back, shoulder and facial injuries. Plaintiff sued Defendant for negligence. Defendant denied liability and asserted contributory negligence. Jury returned a Plaintiff verdict and awarded $9,500 for medical expenses, $7,500 for pain and suffering and $200 for loss of earning capacity.
Location: Waukesha, Wisconsin
Case Name and Docket Number: Priebe v. Shotola, 2003CV002075
Type of Injury: Back Injury- General Back and Spine injuries
Type of Accident: Rear-end
Award/Settlement Amount: $21,000
Case Summary: Plaintiff was driving through an intersection ramp when he was struck in the rear by a vehicle driven by defendant. Plaintiff sustained injuries to their spine and sought chiropractic care for the injuries. Plaintiff sued defendant for negligence. Defendant contended that plaintiff’s injuries and damages were caused by the negligence of plaintiff or third parties. Jury entered a Plaintiff verdict and awarded $10,000 for past medical expenses, $8,000 for future medical expenses, $2,000 for past pain, suffering and disability and $1,000 for future pain, suffering and disability.
Location: Dane, Wisconsin
Case Name and Docket Number: Ward v. Mickelson, 05-CV-2533
Type of Injury: General Neck and Back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $22,495
Case Summary: Plaintiff was operating her vehicle on the interstate. Plaintiff claimed that the traffic came to a stop at an intersection where he was rear-ended by a vehicle driven by Defendant. Plaintiff sustained neck and back injuries. Plaintiff sued Defendant for negligence. Defendant admitted liability but claimed that plaintiff’s injuries and damages, were caused by his own acts or omissions, and that plaintiff failed to mitigate his damages. Jury returned a Plaintiff verdict and awarded; $9,761 for past loss of earning capacity $8,733 for past medical expenses and $4,000.00 for past pain, suffering and disability.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Heard v. American Family Mut. Ins. Co., 2005 WL 3608998
Type of Injury: General Injuries to Neck, Shoulders and Back
Type of Accident: Head-on
Award/Settlement Amount: $25,837
Case Summary: Plaintiff’s vehicle was struck by the Defendant’s vehicle at an intersection. Plaintiff sustained back, neck and shoulder injuries. Plaintiff sued the Defendant for negligence, inattentive driving and failure to maintain proper lookout. Defendant denied liability and claimed that he is without fault as he was neither the driver nor the passenger. Jury returned a Plaintiff verdict, awarding; $18,837 for past medical and related expenses, $4,500 for past and future pain, suffering and disability and $2,500 for future medical and related expenses.
Location: La Crosse, Wisconsin
Case Name and Docket Number: Foster v. Patterson,2005WL2921670
Type of Injury: Hand injury-Displaced fracture to the right hand
Type of Accident: Single-Vehicle
Award/Settlement Amount: $26,000
Case Summary: Plaintiff was a passenger in a vehicle driven by Defendant. Defendant lost control of his vehicle and collided with a tree. Plaintiff claimed she suffered a displaced fracture to the right hand. Plaintiff sued Defendant for negligent, careless driving and claimed damages for physical injuries and medical expenses incurred. The parties reached a settlement.
Location: Manitowoc , Wisconsin
Case Name and Docket Number: Re KM, 2005CV000430
Type of Injury: Arm Injury- Left elbow contusion, Back Injury- whiplash cervical sprain
Type of Accident: Side-impact
Award/Settlement Amount: $27,144
Case Summary: Plaintiff was driving through an intersection when he was struck by a vehicle driven by defendant. Plaintiff sued Defendant and claimed defendant was negligent. An independent medical evaluation by orthopedic surgeon revealed Plaintiff had been injured in the accident, suffering a whiplash cervical sprain and contusion to her left elbow. Defendant admitted that the accident occurred but denied negligent driving. Jury returned a Plaintiff verdict awarding $13,144 for past medical expenses, $4,000 for lost wages and $10,000 for past pain, suffering and disability.
Location: Kenosha, Wisconsin
Case Name and Docket Number: Reichenberger v. Allstate Ins. Co.,04-CV-1712
Type of Injury: General Injuries to Neck and Back
Type of Accident: Single-Vehicle
Award/Settlement Amount: $27,257
Case Summary: Plaintiff collided with a light post when he attempted to swerve and avoid hitting the Defendant’s vehicle. Plaintiff claimed his evasive turn caused his vehicle to collide with a light post, and that he was seriously injured in the collision. Plaintiff suffered neck and back injuries. Plaintiff sued Defendant for negligence, failure to maintain proper lookout, inattentive driving and improperly turning. Defendant denied all allegations and claimed that the Plaintiff caused his own injuries by lack of ordinary care. Jury returned a Plaintiff verdict.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Giesenschlag v. Baumann,04-CV-1904
Type of Injury: Back Injury- Lumbar herniations; Cervical strains/sprains; Other- aggravated Injuries to Neck and Back
Type of Accident: Rear-end
Award/Settlement Amount: $29,000
Case Summary: Plaintiff stopped at a traffic light and his vehicle was rear-ended by Defendant. Plaintiff suffered an aggravation of pre-existing neck and back injuries together with new lumbar herniations and cervical sprain/strains as a result of the collision. Plaintiff sued Defendant for negligent driving and claimed damages for physical and emotional injuries suffered and medical expenses. Defendant denied allegations of negligence but offered to settle the matter. Parties reached a settlement.
Location: Dane, Wisconsin
Case Name and Docket Number: Herman V. Castro-Vera,2017-CV-001843
Type of Injury: General Injuries to Neck, back, ankle, left wrist and finger
Type of Accident: Side-impact
Award/Settlement Amount: $31,699
Case Summary: Plaintiff entered an intersection on a green light and collided with a vehicle driven by Defendant. Plaintiff sustained injuries to his neck, back, hands and legs. Plaintiff sued Defendant for negligent driving, over speeding, failure to keep proper lookout and failing to yield the right of way. Defendant admitted the collision but denied knowledge of change in the traffic lights. Defendant also challenged the nature and extent of the Plaintiff’s injuries and contended that any injuries sustained were due to Plaintiff’s own actions and omissions. Jury returned a Plaintiff verdict.
Location: Dane, Wisconsin
Case Name and Docket Number: McCarthy v. Ludwig, 2003CV000612
Type of Injury: General Injuries to Neck, Back and Ribs
Type of Accident: Side-impact
Award/Settlement Amount: $32,500
Case Summary: Plaintiff and Defendant were operating their vehicles on the same road. Defendant attempted to make a turn into a street and collided with Plaintiff’s vehicle. Plaintiff claimed various bodily injuries, including injuries to her neck, back and ribs as a result. Plaintiff sued Defendant for negligent driving, failing to yield the right of way and claimed damages for injuries suffered and medical expenses incurred. Defendant contended that there was insufficient information regarding the allegations. Parties reached a settlement.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Grant v. Marshall,2005 WL 3608996
Type of Injury: Leg injury- Fracture to the left leg
Type of Accident: Pedestrian
Award/Settlement Amount: $35,325
Case Summary: Plaintiff, a minor, was walking near an intersection when he was struck by a vehicle driven by Defendant. Plaintiff sustained a left leg fracture as a result of the collision and was treated for open reduction internal fixation. Plaintiff sued Defendant for negligence, failure to maintain proper lookout, inattentive, careless and reckless driving and improperly turning. Defendant admitted that the accident occurred and the parties reached a settlement.
Location: Rock, Wisconsin
Case Name and Docket Number: Re J.M.A,2009CV2283
Severely injured crash victims are often left with permanent disability or disfigurement. Severe injury victims often suffer multiple injuries, such as brain trauma, spinal cord injuries, internal organ damage, and multiple or complicated fractures. Severely injured victims may not be able to return to work, school, or other pre-accident activities.
Type of Injury: Back Injury- Left L1 transverse spinal fracture, Others- Left shoulder and left periscapular pain
Type of Accident: Side-impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was driving his van on the same road that the Defendant was exiting. Defendant pulled out from the exit ramp, turning left into the road where Plaintiff was driving and the cars collided. Plaintiff suffered a Left L1 transverse spinal fracture, Left shoulder pain and left periscapular pain . Plaintiff sued defendant for negligence and claimed damages. Investigating police officer’s report stated that the collision was caused by Defendant’s failure to yield the right-of-way. Defendant denied all allegations and asserted contributory negligence, but admitted that the accident had taken place. Parties reached a settlement.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Janik v. State Farm Mut. Auto. Ins. Co., 04-CV-006017
Type of Injury: Head Injury- Traumatic Brain Injury
Type of Accident: Head-on
Award/Settlement Amount: $102,000
Case Summary: Defendant crossed a centerline and struck a vehicle travelling in the opposite direction. A minor seated at the back of defendant’s vehicle struck the back of the front seat and sustained a disabling brain injury. Plaintiff (minor’s mother) sued defendant for negligence, driving without a license and operating a vehicle without liability insurance. Defendant denied allegations. The parties reached a settlement.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Fischer v. Am. Family Mut. Ins. Co., 2004CV001987
Type of Injury: Head, Neck, Shoulders and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $105,000
Case Summary: Plaintiff’s car was rear-ended by Defendant when Plaintiff slowed down with traffic. Plaintiff sustained injuries to her head, neck and shoulders. Plaintiff sued Defendant for negligence claiming his actions were the cause of the accident. Plaintiff sought compensation for permanent injuries, physical and mental pain, extensive medical expenses, lost wages and a loss of earning capacity. Defendant denied allegations, and asserted contributory negligence and that the plaintiff failed to mitigate damages. Jury returned a Plaintiff verdict and awarded $100,000 for pain and suffering and $5,000 for medical expenses.
Location: Brown, Wisconsin
Case Name and Docket Number: Petters v. MSI Ins. Co., 2004CV000368
Type of Injury: General Injuries to Jaw, neck and back
Type of Accident: Debris
Award/Settlement Amount: $108,095
Case Summary: A truck driven by Defendant and owned by co-defendant caused a collision when it struck a railroad bridge. The collision made the bed of truck separate from the truck and it landed on plaintiff’s vehicle. Plaintiff sustained jaw, neck and back injuries. Plaintiff sued both defendants for negligent driving. Defendants denied liability and asserted contributory negligence. Jury returned a plaintiff verdict and awarded $33,095 for medical expenses and $75,000 for pain and suffering.
Location: Dane, Wisconsin
Case Name and Docket Number: Vetterkind v. Progressive Northern Ins. ,2007CV1858
Type of Injury: Leg injury -Fractured right tibia; Shoulder Injury- Fractured left collarbone
Type of Accident: Side-impact
Award/Settlement Amount: $115,000
Case Summary: Plaintiff, a minor, was involved in a motor vehicle collision with a vehicle driven by defendant. Plaintiff sustained a fractured right tibia and fractured left collar bone. Plaintiff’s mother sued defendant for negligent, careless and reckless driving and defendant’s working company and their insurer seeking minor’s compensation for expenses and physical injuries sustained. Defendant’s insurer agreed to resolve plaintiff claims and offered to settle the matter. The parties reached a settlement.
Location: Racine, Wisconsin
Case Name and Docket Number: Re MS,2005CV001445
Type of Injury: Soft Tissue injuries to Neck and Back
Type of Accident: Rear-end
Award/Settlement Amount: $115,306
Case Summary: Plaintiff was operating his vehicle and came to a stop at a red light when he was rear-ended by defendant. Plaintiff sustained soft-tissue injuries to his neck, upper back and low back in the collision. Plaintiff sued defendant for negligent operation of his motor vehicle. Defendant admitted liability but disputed the extent and nature of the plaintiff’s injuries. Jury returned a plaintiff verdict and awarded $73,000 for pain, suffering and disability, $17,302.55 for medical expenses and $25,000 for past loss of earning capacity.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Terwelp v. Delgadillo, 05-CV-00502
Type of Injury: General Injuries to Head, Neck and Shoulders
Type of Accident: Side-impact
Award/Settlement Amount: $120,000
Case Summary: Plaintiff was driving along a highway when defendant attempted to make a left turn in front of plaintiff’s oncoming vehicle, resulting in a collision. Plaintiff sustained injuries to his head, neck and shoulders. Plaintiff sued defendant for negligence and failure to maintain proper lookout. Defendant denied the allegations of negligence and he claimed he was confronted with a sudden and unexpected emergency to which he neither caused nor contributed. Jury returned a Plaintiff verdict awarding; $46,000 for medical expenses; $6,534 for loss of wages; $65,000 for pain, suffering, disability and scarring.
Location: Kenosha, Wisconsin
Case Name and Docket Number: Miller v. Neitzke, 05-CV-886
Type of Injury: Head Injury- Closed head Injury; Shoulder Injury- Fractured collarbone, Shoulder Blade Injury; Rib Injury- Fractured ribs
Type of Accident: Single-Vehicle
Award/Settlement Amount: $120,000
Case Summary: Plaintiff, a minor, was a passenger in a vehicle driven by Defendant. Defendant accelerated to a speed at which he lost control, overturning the vehicle and ejecting Plaintiff from the backseat. Plaintiff suffered a collarbone fracture, a shoulder blade injury, fractured ribs and closed head injuries. Plaintiff sued Defendant for negligence claiming that the Defendant had failed to drive at a safe speed. Defendant denies liability. The parties reached a settlement.
Location: Sheboygan, Wisconsin
Case Name and Docket Number: SS v. Johnson, 05-CV-0247
Type of Injury: General Injuries to Neck, knee and back
Type of Accident: Rear-end
Award/Settlement Amount: $120,500
Case Summary: The Plaintiff had slowed down with traffic at a traffic light when her vehicle was struck from the rear by the Defendant’s vehicle. Plaintiff sustained injuries to her neck, back and knee as a result of the collision. Plaintiff sued the Defendant for negligent driving, speeding and failure to keep proper lookout. Defendant asserted contributory negligence and claimed he was faced with an emergency causing him to over speed. The jury returned a plaintiff verdict.
Location: Brown, Wisconsin
Case Name and Docket Number: Derepkowki v. Witteborg,03-CV-1620
Type of Injury: Shoulder Injury- Displaced fracture of the collar bone, Lacerations on right shoulder; Other – General back injuries and lacerations on forehead and inside mouth
Type of Accident: Single-Vehicle
Award/Settlement Amount: $194,313
Case Summary: Defendant (a minor) lost control of the vehicle, left the roadway and rolled over causing collision. Plaintiff was a passenger in defendant’s vehicle at the time. The vehicle was owned by defendant’s parents. Plaintiff sustained a displaced fractured collar bone, back injuries, laceration on her forehead, shoulder and inside her mouth. Plaintiff sued defendant for negligence, careless and reckless driving, Co- defendants for permitting a minor operate a vehicle. Jury entered a Plaintiff verdict and awarded $19,313 for medical expenses and $175,000 for pain, suffering and disfigurement.
Location: Dane, Wisconsin
Case Name and Docket Number: Ellis v. Wieck, 05-CV-2047
Type of Injury: General Injuries to Back, leg and left buttocks
Type of Accident: Side-impact
Award/Settlement Amount: $232,500
Case Summary: Defendant attempted to change lanes and collided with Plaintiff’s vehicle while driving on the same direction. Plaintiff sustained injuries to his back, leg and left buttocks. Plaintiff sued defendant for negligence, claiming that defendant failed to maintain a proper lookout, failed to keep his vehicle under proper management and control, was driving inattentively, failed to yield the right of way and failed to drive with due care. Defendant denied the allegations and contended that the injuries and damages were caused by the negligence of the plaintiff or third parties. The parties reached settlement.
Location: Brown, Wisconsin
Case Name and Docket Number: Smet v. DePas,06-CV-2565
Type of Injury: General injuries to Neck, jaw and back
Type of Accident: Side-impact
Award/Settlement Amount: $240,235
Case Summary: Plaintiff’s vehicle was struck by the Defendant’s vehicle as she was making a left turn at an intersection. Plaintiff suffered injuries to her neck, jaw and back due to the accident. Plaintiff sued defendant for careless and negligent operation of his vehicle. Defendant asserted contributory negligence and cited past experiences of negligent operation of vehicles by the Plaintiff. Jury returned a Plaintiff verdict and awarded $179,250 for pain, suffering and disability; $59,685 for medical expenses and $1,300 for loss of earning capacity.
Location: Eau Claire, Wisconsin
Case Name and Docket Number: Enerson v. Powell, 2004CV000005
Type of Injury: General Injuries to Jaw and Head
Type of Accident: Rear-end
Award/Settlement Amount: $288,559
Case Summary: Plaintiff was a passenger in a vehicle that was rear-ended by a vehicle driven by defendant at an intersection. Plaintiff sustained jaw injury, headache, pain attack and depression. Plaintiff sued defendant for failing to keep a proper lookout, driving in attentively and failing to yield the right way. Defendants denied liability. The jury returned a plaintiff verdict, awarding $135,000 for pain & suffering, $43,559 for medical and dental expenses, $30,000 for past lost wages and $80,000 for future loss of earnings.
Location: Dane, Wisconsin
Case Name and Docket Number: “Wallace v. Wittman,03-CV-1450
Type of Injury: Hip injury-Fractures of the acetabular, anterior column of the left acetabulum and left proximal sacrum; Other- shoulder contusion.
Type of Accident: Side-impact
Award/Settlement Amount: $290,297
Case Summary: Plaintiff was operating her vehicle when she was hit by a vehicle driven by defendant at an intersection controlled by a four-way-stop-sign. Plaintiff sustained fractures of the acetabular, anterior column of the left acetabulum and left proximal sacrum; pain in groin, leg and knee; future hip and knee replacement; shoulder contusion. Plaintiff sued Defendant for negligence and failure to maintain proper lookout, failure to drive attentively, failure to yield to the right of way. Defendant pleaded contributory negligence. Parties agreed that Plaintiff was 10% negligent and defendant 90% negligent. Jury assessed damages.
Location: Milwaukee, Wisconsin
Case Name and Docket Number: Kleman v. Lenarchich,2009CV13175
Type of Injury: Arm injury-Fractured humerus; Leg Injury-Fractured femur; Rib injury- Fractured ribs, collapsed lung; Other- Lacerated liver
Type of Accident: Side-impact
Award/Settlement Amount: $1,434,908
Case Summary: Plaintiff was driving her vehicle close to an exit of a bar. Defendant pulled out of the exit and collided with plaintiff’s oncoming vehicle. Plaintiff sustained fractures of her humerus, femur and ribs, a collapsed lung and a lacerated liver. Plaintiff sued Defendant claiming he was driving while intoxicated. Defendant admitted liability but claimed that Plaintiff exaggerated her injuries. Defendant did not appear at trial. Jury returned a Plaintiff verdict, awarding ;$8,688 for past wage loss; $125,796 for medical expenses; $800,000 for pain, suffering and loss of enjoyment of life and $500,000 for punitive damages.
Location: Rock, Wisconsin
Case Name and Docket Number: Mckittrick v. Taylor,04-CV-1363
We analyzed a group of actual lawsuits filed in Wisconsin courts by injured car accident victims. All plaintiffs in the group received a jury award or settled the case before trial.
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