885.285 Settlement and advance payment of claim for damages. - Wisconsin Statutes

885.285

885.285 Settlement and advance payment of claim for damages.

885.285(1)

(1) No admission of liability shall be inferred from the following:

885.285(1)(a)

(a) A settlement with or any payment made to an injured person, or to another on behalf of any injured person, or any person entitled to recover damages on account of injury or death of such person; or

885.285(1)(b)

(b) A settlement with or any payment made to a person or on the person's behalf to another for injury to or destruction of property.

885.285(2)

(2) Any settlement or payment under sub. (1) is not admissible in any legal action unless pleaded as a defense.

885.285(3)

(3) Any settlement or advance payment under sub. (1) shall be credited against any final settlement or judgment between the parties. Upon motion to the court in the absence of the jury and on submission of proper proof prior to entry of judgment on a verdict, the court shall apply the provisions of s. 895.045 and then shall reduce the amount of the damages so determined by the amount of the payments made. Any rights of contribution between joint tort-feasors shall be determined on the amount of the verdict prior to reduction because of a settlement or advance payment.

885.285(4)

(4) The period fixed for the limitation for the commencement of actions shall be as provided by s. 893.12.

885.285 - ANNOT.

History: 1975 c. 327, 421; 1979 c. 323.

885.285 - ANNOT.

A property payment under s. 885.285 (1) extends the limitation under s. 893.12, but only if made within the 3-year limit of s. 893.54 (1). Abraham v. Milwaukee Mutual Insurance Co. 115 Wis. 2d 678, 341 N.W.2d 414 (Ct. App. 1983).

885.285 - ANNOT.

To be a payment under s. 885.285 that will toll or extend the statute of limitations, a payment must be related to fault or liability. Gurney v. Heritage Mutual Insurance Co. 188 Wis. 2d 68, 523 N.W.2d 193 (Ct. App. 1994).

885.285 - ANNOT.

The waiver by the defendant medical provider in a medical malpractice action of the copayment portion of the amount due for the plaintiff's medical treatment did not constitute a payment under s. 885.285 or 893.12. Young v. Aurora Medical Center, 2004 WI App 71, 272 Wis. 2d 300, 679 N.W.2d 549, 03-0224.