Wisconsin is a hybrid comparative law state.  An injured person can recovery  damages from any person that is found to be more at fault. Thus an injured party will recover nothing from any person found to have less fault. Joint and several liability is imposed on any person found to be greater than fifty percent at fault(subtracting any percent fault attributable to plaintiff).  Non parties against whom evidence of negligence is presented at trial will be included on the special verdict form.  Wisconsin has a direct action statute which allows insurance companies to be named as defendants if the insurance policy was delivered or issued for delivery in Wisconsin.  

Answers to Questions Commonly asked by Injured persons
 
Should I give a statement to another's insurance company?
 
Absolutely not without obtaining the advice of an attorney. Even in a situation where it is clear the other driver or person is at fault you should refuse to give a statement until you have consulted with an attorney. You may unnecessarily harm your claim if you give a statement.
 
The Insurance company says I do not need an attorney.  Do I?
 
Yes, the insurance company's claims adjuster wants to pay you as little as possible to settle your claim.  The adjuster is judged by how much money he or she saves the company not whether you are treated fairly.  You need an attorney to make sure you receive all you are entitled to. The adjuster may claim that because you must pay your attorney(typically a contingent fee of one-third of the amount recovered for you) that you will receive a greater amount on your own.  In my experience that is seldom true.  The adjuster knows that without an attorney he or she can set the settlement amount.  Most personal injury lawyers will provide an initial free consultation.  
Also you need an attorney to assist you in handling the claims for reimbursement of the insurance company or government agency that paid your medical bills.  Either as a matter of law or contract the medical bill payer may be entitled to receive all it paid back out of any personal injury settlement.  Thus if you settle an injury claim without an attorney you may have to turn around and pay back your medical insurer.  An attorney can often obtain reductions in medical liens and in some circumstances can have medical liens eliminated.
(See below, "What is subrogation?"
 
What accident investigation should be done?
 
When there are serious injuries, it is important to conduct a thorough accident investigation.  Witnesses should be tracked down and interviewed as soon as possible after the accident.    Photographs and video of the accident vehicles and scene should be obtained. The involved vehicles should be inspected, photographed and under some circumstances purchased and stored.
 
What should an injured person do to document his or her injuries?
 
Injured persons should keep daily dairies of all significant injury related matters.  Difficulties in daily activities, pain and suffering, emotional impact and significant injury caused changes should be recorded.  Photographs and/or videocams should also be used to document an injured person's condition.
 
What is subrogation?
 
Your health insurance company may claim a right pursuant to its contract with you ro recover the medical bills it has paid on your behalf if you pursue a third party.  Under Wisconsin law it is not entitled to recover its money until and unless you have been made whole.  If your medical bills were paid by Medicaid or Medicare the government has a statutory right to recover what is has paid on your behalf from any responsible third party.  You should review how subrogation might affect your recovery with an attorney.  

How long do I have to bring a claim?  

Under Wisconsin's statute of limitation you must bring a claim within three years of the accident or you will be barred from doing so.  If the injured person is a minor, the statute of limitations is two years from when the injured person turns eighteen.
 
If you are injured in an accident in another state, often the statute of limtations of that state will apply.
 
What if I was hit by an uninsured driver?
 
You should consult with an attorney to determine whether you have a claim under the uninsured motorist coverage provision of your policy.  Often you can not file a lawsuit against your insurer and must arbitrate such claims.
 
How do I settle my property damage claim?
 
Wisconsin law mandates if the cost to repair your auto is at least 70% of its value, your auto must be totaled.
 
To determine that value of your auto, consult the N.A.D.A. directory, WI Bluebook,or other auto valuing directory found in most libraries or on the Internet.  In these directories, find your make, model , and year of your auto to determine the base value of your auto.  Don't forget to add the value of other add-on features (i.e. electric components, 4-wheel drive, low mileage, excellent condition) that is not included in the base value.  Another source to determine the value of your auto is to check the local newspapers or call your own insurance company.
 
If your auto is totaled, you are entitled to the tax on the value of your auto.  Don't accept the insurance company's offer for your auto without doing this research!