Lost Wages in a Wisconsin Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in Wisconsin, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
At-Fault
Auto System
What Lost Wages You Can Recover in Wisconsin
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in Wisconsin
Wisconsin Injury Law
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.