Are There Limits On Personal Injury Compensation In Wisconsin?

April 30 , 2024 | Personal Injury

Personal injury compensation in Wisconsin is a complex legal matter influenced by various factors that determine the amount an injured individual may receive. Wisconsin law gives injury victims an avenue to pursue monetary compensation for injuries caused by the negligence or intentional actions of others. Still, it also sets certain boundaries and guidelines on the extent of that compensation. By comprehending these limits, you can feel empowered and informed when pursuing a personal injury claim in Wisconsin.

One of Wisconsin’s most significant factors that can impact personal injury compensation is the concept of comparative negligence. Wisconsin follows a modified comparative negligence rule, which means that an injured party’s compensation may be reduced if they are found to bear some degree of responsibility for the accident or their injuries. Under Wisconsin Statutes section 895.045, if the injured party is found to be 51% or more at fault for the accident, they may be barred from recovering any compensation. However, if the injured party’s fault is determined to be 50% or less, their compensation will be reduced in proportion to their degree of fault.

This principle of comparative negligence underscores the importance of gathering evidence and building a strong case to demonstrate the extent of the other party’s fault in causing the accident. Working with experienced Milwaukee personal injury lawyers can be invaluable in this regard, as they can conduct a thorough investigation, collect evidence, and build a compelling argument to maximize the compensation to which you are entitled.

Statutory Caps on Damages

Another factor that can impact personal injury compensation in Wisconsin is the presence of statutory caps on certain types of damages. There can be limitations on non-economic damages, such as pain and suffering and emotional distress. For example, under Wisconsin Statutes section 893.55, non-economic damages in medical malpractice cases are capped at $750,000 for claims against healthcare providers. 

It’s important to note that this cap applies specifically to medical malpractice cases and may not necessarily apply to other types of personal injury claims. However, it serves as an example of the types of limitations that may exist in Wisconsin law regarding personal injury compensation. Understanding the applicable laws and how they may affect your case is essential for anyone pursuing a personal injury claim in the state.

Other Factors Influencing Compensation

In addition to comparative negligence and statutory caps, other factors may influence the amount of personal injury compensation in Wisconsin. These can include the severity of the injuries, their impact on the individual’s life and livelihood, the availability of insurance coverage, and the skill and experience of the legal representation.

The Role of Milwaukee Personal Injury Lawyers

Partnering with reputable Milwaukee personal injury lawyers who are well-versed in Wisconsin law and have a proven track record in handling personal injury claims can significantly boost your chances of obtaining fair and just monetary compensation for your injuries. These legal professionals can work through the complexities of the legal system, advocate for your rights, and help you secure the financial compensation you need to recover and move forward with your life.

While there are no specific limits on personal injury compensation in Wisconsin, various factors can influence the amount an injured individual may receive. Understanding the principles of comparative negligence, statutory caps, and other relevant factors is essential for anyone considering pursuing a personal injury claim in Wisconsin. By working with our experienced Milwaukee personal injury lawyers, you can maximize your chances of obtaining the compensation you deserve and achieving a favorable outcome in your case.

How Our Experienced Personal Injury Attorneys Build A Successful Case On Your Behalf

Our experienced personal injury attorneys employ a meticulous approach to construct a successful case on your behalf. Here’s how we do it:

  1. Thorough Investigation – We start by comprehensively investigating the circumstances surrounding your injury. This investigation involves gathering evidence, such as witness statements, medical records, accident reports, and any available surveillance footage. Our goal is to establish a clear understanding of how the accident occurred and who should be held accountable.
  2. Legal Analysis – Once we’ve gathered all relevant evidence, our attorneys analyze the legal aspects of your case. We assess liability, evaluate the extent of your damages, and identify potential legal theories that can support your claim. This careful analysis allows us to develop a strategic approach tailored to your case’s unique circumstances.
  3. Expert Consultation – In some cases, we may enlist the help of experts, such as accident reconstruction specialists, medical professionals, or economists, to provide expert testimony and support our arguments. These experts can offer valuable insights and bolster the strength of your case.
  4. Negotiation Skills – Our attorneys are skilled negotiators who are adept at handling settlement negotiations with insurance companies and opposing parties. We leverage our knowledge of the law and our understanding of the facts to negotiate favorable settlement terms on your behalf. Our goal is to secure maximum compensation for your injuries and losses without the need for prolonged litigation.
  5. Litigation Strategy – If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court. Our attorneys have extensive trial experience and are not afraid to advocate for your rights in the courtroom. We develop a strong litigation strategy aimed at presenting your case persuasively to a judge and jury.
  6. Client-Centered Approach – Throughout the legal process, we prioritize communication and transparency with our clients. We keep you informed at every stage of your case, explaining your options and providing guidance to help you make informed decisions. Your needs and priorities are our top priority, and we are committed to achieving the best possible outcome for you.

Our experienced personal injury attorneys are dedicated to building a successful case on your behalf by conducting a thorough investigation, analyzing the legal aspects of your case, consulting with experts, negotiating skillfully, developing a litigation strategy, and prioritizing your needs as our client. With our experience and commitment to excellence, you can trust us to fight tirelessly for the compensation you deserve.

The Martin Law Office, S.C. – Wisconsin Personal Injury Attorneys Who Fight For You!

If you or someone you love has been injured in an accident, Martin Law Office, S.C. is here to help. Our law firm is dedicated to making sure that you receive the economic compensation your case deserves. We are steadfast in our commitment to safeguarding your valuable legal rights. Contact our Wisconsin personal injury attorneys today at 414-856-4010 for your free consultation. Allow us to provide the legal counsel necessary for you to receive full compensation for your claim. You and your family can rely on Martin Law Office, S.C., to stand as your advocate and fight for you.