1. LawtonCates, S.C.
Focus Area: Personal injury litigation and accident claims
Practice Areas: Car accidents, truck accidents, motorcycle accidents, dog bites, pedestrian accidents, wrongful death, consumer protection law, lemon law
Background: Established in 1958, LawtonCates has served South Central Wisconsin for over six decades. The firm maintains AV Preeminent rating from Martindale-Hubbell and includes attorneys recognized by Super Lawyers. Multiple attorneys are members of the Million Dollar Advocates Forum and National Board of Trial Advocacy.
Location: Madison, Wisconsin (also serves Dane, Rock, Jefferson, Sauk, and Green counties)
Contact: (608) 282-6200 | https://www.lawtoncates.com
Consultation: Free initial consultation. Contingency fee basis for personal injury cases.
2. Gingras, Thomsen & Wachs, LLP
Focus Area: Personal injury representation and civil litigation
Practice Areas: Motor vehicle accidents, commercial property accidents, medical malpractice, premises liability, wrongful death claims
Background: Over 35 years of representing Madison residents in personal injury matters. The firm has recovered millions in damages for clients. Recognized by the American Board of Trial Advocates, Best Lawyers publication, and the Wisconsin Association for Justice.
Location: Madison, Wisconsin
Contact: (608) 833-8484 | https://www.gtwlawyers.com
Consultation: Free case evaluation available. No fees unless compensation is recovered.
3. Habush Habush & Rottier S.C.
Focus Area: Personal injury and wrongful death litigation
Practice Areas: Car accidents, medical malpractice, nursing home abuse and neglect, electrical and fire incidents, product injuries, employment claims, class action suits
Background: More than nine decades of experience representing injury victims throughout Wisconsin. Named the 2025 Best Law Firm in Madison by Best of Madison. The firm operates 13 locations across Wisconsin with attorneys who have extensive courtroom experience in Dane County.
Location: Madison, Wisconsin (conveniently located off Highway 151)
Contact: (608) 255-6663 | https://www.habush.com
Consultation: Free consultation offered. Contingency fee structure.
4. Hupy and Abraham, S.C.
Focus Area: Personal injury and accident claims
Practice Areas: Car accidents, motorcycle accidents, truck accidents, pedestrian accidents, dog bites, slip and fall incidents, wrongful death
Background: The firm has collected more than $1 billion for thousands of clients. Holds AV Preeminent peer review rating from Martindale Hubbell. Named the Wisconsin Law Journal’s best personal injury law firm according to reader rankings. Over 25 attorneys and 175 support staff members.
Location: Madison, Wisconsin (walk-in hours 8 a.m. to 5 p.m., Monday through Friday)
Contact: (608) 277-7777 | https://www.hupy.com
Consultation: Free, no-obligation consultation available by phone, video, office visit, or home visit. Win or It’s Free Guarantee policy.
5. Atterbury, Kammer & Haag, S.C.
Focus Area: Personal injury litigation with emphasis on case maximization
Practice Areas: Car accidents, truck accidents, catastrophic injuries, wrongful death, slip and fall cases, construction accidents
Background: A high-quality, low-volume firm composed exclusively of experienced trial attorneys. All partners have received Super Lawyers recognition year after year and maintain 10.0 Avvo ratings. The firm focuses on fewer cases to provide individual attorney attention from initial consultation through resolution.
Location: Middleton, Wisconsin (serving Madison and surrounding areas)
Contact: (608) 821-4600 | Toll-free: (866) 449-7210 | https://www.yourwisconsininjurylawyers.com
Consultation: Free initial consultation. The attorney handling your first meeting remains with your case throughout the process.
Personal Injury Laws in Wisconsin
Statute of Limitations
Wisconsin’s general personal injury statute of limitations is three years from the date of injury (Wis. Stat. § 893.54(1m)). Specific variations apply: wrongful death claims from auto accidents carry a two-year deadline (Wis. Stat. § 893.54(2m)), and medical malpractice cases must be filed within three years of injury or one year from discovery, with an absolute cap of five years.
Negligence Rules
Wisconsin follows a modified comparative negligence system. Injured parties may recover damages if their share of fault does not exceed 50%. Damages are reduced proportionally by the plaintiff’s percentage of negligence. For example, a plaintiff found 25% at fault for an accident that caused $100,000 in damages would receive $75,000. However, if the plaintiff’s fault reaches 51% or more, recovery is barred entirely (Wis. Stat. § 895.045).
Damage Caps
Medical malpractice cases in Wisconsin cap noneconomic damages at $750,000 (Wis. Stat. § 893.55(4)(d)(1)). Wrongful death claims are limited to $500,000 for the death of a minor and $350,000 for an adult’s death concerning loss of society and companionship damages. Claims against state employees or officers cap damages at $250,000, while suits against political subdivisions limit recovery to $50,000. Punitive damages cannot exceed $200,000 or twice the compensatory damages awarded, whichever is greater.
Auto Insurance Requirements
Wisconsin mandates liability insurance for all motor vehicle operators. Minimum coverage requirements are: $25,000 for bodily injury or death per person, $50,000 for bodily injury or death per accident, and $10,000 for property damage per accident. The state also requires uninsured motorist coverage of at least $25,000 per person and $50,000 per accident for bodily injury. Wisconsin operates as an at-fault state for auto accidents.
Frequently Asked Questions
How does Wisconsin’s winter weather affect car accident claims?
Wisconsin’s harsh winters create hazardous driving conditions including ice, snow, and reduced visibility. While poor weather does not automatically absolve drivers of liability, courts consider whether drivers adjusted their speed and behavior appropriately for conditions. Accidents on unplowed roads may involve potential claims against municipalities if inadequate snow removal contributed to the crash, though government immunity provisions and notice requirements apply.
Can I still recover damages if I was not wearing a seatbelt during my accident?
Wisconsin’s seatbelt law requires all front-seat occupants and passengers under 18 to wear seatbelts. However, evidence of seatbelt non-use is generally inadmissible in civil litigation to reduce a plaintiff’s damages under Wisconsin’s seatbelt gag rule. This means defendants typically cannot argue that your injuries would have been less severe had you been belted, though insurance adjusters may still consider this factor during settlement negotiations.
What are my options if I am injured by an uninsured or underinsured driver?
Wisconsin requires all drivers to carry uninsured motorist coverage (minimum $25,000/$50,000), which protects you if hit by an uninsured driver. Additionally, insurers must offer underinsured motorist coverage, which fills gaps when the at-fault driver’s policy limits are insufficient to cover your losses. You can recover from your own policy up to your coverage limits after exhausting the at-fault driver’s available insurance.
How are damages calculated for injuries sustained on icy or defective sidewalks?
Property owners in Wisconsin have a duty to maintain reasonably safe premises. For slip and fall injuries on icy sidewalks, recovery depends on proving the owner knew or should have known about the hazardous condition and had reasonable time to address it. Municipalities often have specific ordinances regarding snow and ice removal timelines. Damages can include medical expenses, lost wages, and pain and suffering, reduced by any comparative negligence attributed to the injured party.
What should I know about filing a claim against a Wisconsin government entity?
Claims against Wisconsin state government entities, political subdivisions, or their employees require written notice before filing suit. Lawsuits against the state must generally be brought within the applicable statute of limitations period, with damage caps applying. State employee claims cap at $250,000, while political subdivision claims cap at $50,000. Consulting an attorney experienced in government claims is advisable given the additional procedural requirements.