After you or a loved one suffer from an injury, your family may be dealing with lost wages while also having to pay mounting medical bills. You may be entitled to compensation from the party whose negligence caused your injury. When considering damages, many people are curious about Wisconsin personal injury damage caps and how they will affect their claims. Our personal injury lawyers have years of experience seeking compensation for clients, and we can help you understand how personal injury damage caps may apply to your case.
If you would like to speak with a lawyer about seeking compensation for your injury, contact Studinski Law, LLC, today. Call us at (715) 343-2850.
When you file a claim for damages, you and your personal injury attorney can calculate what you believe is reasonable compensation in order to help you move forward with your life. Your damages that can be specifically calculated are considered to be economic damages, and there is generally no cap on economic damages that you can prove in court. These damages would include compensation for things such as:
Non-economic damages refer to the effects of your injury or accident that are not as easy to assign a dollar figure. While Wisconsin law does not cap non-economic damages in many personal injury cases, medical malpractice lawsuits may have a cap of $750,000 for non-economic damages. These damages are still very real and they can include compensation for things such as the following:
It is important to consult with an attorney about damages on non-economic damages because the Wisconsin damage cap on this subject is subject to change.
In certain cases, your personal injury lawyer can also seek punitive damages. Punitive damages are not meant to compensate you for your injuries. Punitive damages are meant to punish the defendant and to deter future bad conduct. All injury cases in Wisconsin have a punitive damages cap of $200,000 or twice the award of your other compensatory damages, whichever is larger. To obtain punitive damages, your lawyer must show that the wrongdoer acted with intentional disregard of your rights or acted maliciously toward you. The question of punitive damages is not automatically submitted to the jury. The judge will ultimately determine whether the jury can consider punitive damages in a specific case.
Wisconsin law does allow for you to file an action against the state for damages, but often the damages that you are allowed to recover are capped at $250,000, and punitive damages are generally not allowed. Damages that you can receive from a local municipality are generally capped at $50,000. These damages caps may vary and may not apply, depending upon the specific facts and circumstances of your case. It is important to consult with a lawyer to determine whether these caps apply in your case.
In addition to the damages caps, there are often specific procedures that must be followed in order to bring claims against the government. For example, you may be required to file a notice of claim and injury document with the government within a very short period of time after your injury. Failure to file a notice of claim when one is required, may cause your case to be dismissed.
For these and other reasons, it is very important that you contact your injury lawyer as soon as possible if you believe that the state or a municipal government owes you damages after you have sustained an injury.
It is very common for people to feel overwhelmed after suffering an injury. You may be out of work, and you may have growing medical bills. You are entitled to seek compensation from a person, medical group, or company who caused your injury through negligence. Our lawyers have helped many families recover after an injury, and we can help you understand your rights and any damages caps that may apply to your case.
Contact Studinski Law, LLC to speak with a lawyer about seeking damages in your injury case. Call us today at (715) 343-2850.
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