Did you experience harm from an accident caused by someone else’s actions?
Understanding what compensation you might be entitled to makes personal injury cases especially confusing and overwhelming. There are multiple kinds of damages that might apply to your personal injury case.
Each type serves a specific purpose in making you “whole” again after an accident. Working with an award-winning personal injury law firm in Wisconsin can help ensure you receive every dollar you deserve for your injuries, pain, and suffering.
Your recovery will greatly benefit from understanding the different types of damages available if you fall into this demographic.
We will explore the various personal injury damages types that are important for your case.
Your Personal Injury Guide:
- Economic Damages Explained
- Non-Economic Damages and Their Value
- Punitive Damages: When They Apply
- Special Considerations for Wisconsin Cases
- Time Limits for Filing Claims
Economic Damages Explained
The easiest compensation type to calculate in personal injury cases consists of economic damages. The actual financial losses you’ve sustained are directly linked to your injury.
Economic damages stand out from other types because they can be determined with substantial precision. Economic damages originate from documented costs which have been paid or will need to be paid later.
Economic damages usually encompass several main categories.
- This section of medical expenses includes both emergency room visits and all necessary continuous treatments. Recent data shows that unintentional injuries impose a financial burden of around $1,283.5 billion on U.S. society.
- You can seek compensation for income lost when an injury prevents you from attending work. This category covers both previous salary payments and projected income losses.
- This category includes harm to your automobile and other personal items which occurred because of the accident.
- The expenses for rehabilitation include physical therapy services and occupational therapy treatments which support recovery.
You can maximize your economic damages by ensuring comprehensive documentation. Make sure to store all medical bills and expense records that pertain to your injury.
Non-Economic Damages and Their Value
Calculating non-economic damages presents more challenges than calculating economic damages. These losses are intangible and lack receipts yet remain genuine and frequently more significant in impact.
Economic damages address your financial losses while non-economic damages compensate you for the human element of your injury such as pain and suffering and life changes which defy simple measurement.
The primary categories of non-economic damages are:
- Pain and suffering damages provide compensation for your physical pain and discomfort.
- Accidents often result in serious mental health issues such as anxiety and depression and can cause post-traumatic stress disorder.
- Injuries that stop you from enjoying hobbies or sports fall under “loss of enjoyment of life.”
- Loss of consortium means your injuries affect your relationship with your spouse.
The primary difficulty with non-economic damages lies in establishing their monetary worth. Your pain and suffering lacks a receipt to prove its monetary value unlike medical bills. Insurance companies typically work to reduce these damages because they struggle to determine their monetary value.
The expertise of seasoned Wisconsin personal injury lawyers is vital for accurately determining the value of these damages.
Punitive Damages: When They Apply
Punitive damages fundamentally contrast with economic and non-economic damages. The previous damage types focus on victim compensation but punitive damages serve to punish the offender and prevent future misconduct.
These damages only apply to cases where conduct reaches the level of egregious behavior which exceeds simple negligence and demonstrates reckless disregard for the safety of others.
For punitive damages to be awarded:
- The defendant’s actions need to exhibit greater than ordinary negligence.
- The evidence needs to show either intentional malicious behavior or extreme reckless actions.
- The behavior needs to meet the criteria for punishment that extends beyond compensatory damages.
Examples of situations for punitive damages include accidents caused by drunk drivers with very high blood alcohol concentrations and manufacturers who deliberately hid dangerous product defects from the public.
The state of Wisconsin sets a punitive damages limit of $200,000 or double the compensatory damages amount depending on which figure is higher. Insurance policies typically do not cover these situations.
Special Considerations for Wisconsin Cases
Wisconsin implements unique laws which dictate how personal injury damage awards are determined. These distinct considerations within the state will play a crucial role when you file a claim.
The “modified comparative negligence” system stands out as one of Wisconsin’s key legal rules. Here’s how it works:
- The compensation awarded to you will decrease according to how much fault you share in causing your accident.
- You lose the right to receive any damage compensation if your fault exceeds 51%.
A $100,000 damage award will be reduced by 20% because you were found to be partially at fault resulting in a payout of $80,000. The need for strong representation becomes critical under these conditions.
Motor vehicle incidents caused 5.2 million medically consulted injuries across the country in 2022 making them a primary source of injuries. The way these cases proceed depends on Wisconsin’s unique insurance requirements.
U.S. private industry employers recorded approximately 2.6 million nonfatal workplace injuries and illnesses in the year 2023. Wisconsin maintains a workers’ compensation system which serves as the standard remedy for workplace injuries but some exceptions apply.
Time Limits for Filing Damage Claims
Time represents money in personal injury claims situations. Failure to meet filing deadlines will prevent you from obtaining compensation even if your case holds substantial merit.
Personal injury claims in Wisconsin have a legal time limit of three years for filing lawsuits. You have a three-year period from the date of your injury to initiate legal action. However, there are several important exceptions:
- The discovery rule applies to certain situations where the legal timeframe begins when the injured party becomes aware of their injury instead of when the injury occurred.
- Claims filed against government entities require much shorter notice periods which can be as brief as 120 days.
- People under 18 typically can file their claim by the age of 20.
Beyond the legal deadlines, there are practical reasons to act quickly: As time passes evidence becomes scarce and witnesses start to forget what they saw while insurance companies prioritize claims submitted early.
The majority of preventable deaths and injuries result from falls and poisonings. Prompt investigation and preservation of evidence proves advantageous for these types of cases.
Consult with an attorney before the deadline approaches. Beginning your legal process early allows your attorney to construct a more compelling case.
Taking The Next Steps Forward
The calculation of personal injury damages involves complexities that most individuals don’t fully understand. Each damage award category including economic damages which are direct financial losses and non-economic damages which are more subjective along with rare punitive damages serves a unique role in restoring your condition.
Remember these key points:
- Financial losses resulting from an injury receive compensation through economic damages which include medical expense payments and reimbursement for lost wages.
- Non-economic damages compensate for physical pain and life changes which do not produce billable receipts.
- Punitive damages punish especially egregious conduct
- Your case outcome may heavily depend on Wisconsin’s particular legal statutes.
- Time restrictions are unyielding so you need to respond quickly.
Experienced legal representation becomes essential because of the complex nature of handling these various damage types. Personal injury cases occur frequently since 62 million Americans needed medical care for avoidable injuries in 2023 yet each personal injury situation presents distinct circumstances.
The complexity of this system requires professional legal assistance when you have sustained an injury. Proper guidance lets you concentrate on recovery while your lawyers work to obtain the damages necessary for your life transition.