Personal Injury Deposition in Wisconsin
A deposition is sworn out-of-court testimony taken during the discovery phase of yourWisconsin personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$12,000 – $58,000
Avg Settlement
3 years
Filing Deadline
Deposition Tips for Wisconsin Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Wisconsin Law Overview
Wisconsin applies modified comparative fault with a 51% bar. The statute of limitations is 3 years, with tolling for minor plaintiffs. Wisconsin does not require no-fault PIP insurance. Wisconsin's dairy farming, manufacturing, and tourism sectors generate distinctive personal injury claims. Milwaukee and Madison courts handle significant personal injury caseloads. Wisconsin has no general cap on noneconomic or punitive damages for most personal injury cases. Wisconsin's comparative fault statute applies to all negligence and strict liability claims, including product liability cases. Medical malpractice in Wisconsin is subject to a separate 3-year limitation period under Wis. Stat. § 893.55 and requires an expert report at filing. Wisconsin's Injured Patients and Families Compensation Fund provides a second layer of recovery for medical malpractice patients beyond individual physician coverage. Wisconsin courts follow the Daubert standard for expert testimony. Workers' compensation is the exclusive remedy for workplace injuries under the Wisconsin Worker's Compensation Act.