Many people have heard of pain and suffering in reference to personal injury cases before. However, they may not know how Wisconsin law defines pain and suffering or how courts and insurance companies decide how much money an injured person should get in a legal claim.
Pain and suffering damages refer to financial compensation for physical pain and conscious suffering an injury victim experiences due to someone else’s negligent or wrongful acts. Pain and suffering does not have a defined monetary value but reflects the less visible yet incredibly significant impact of an injury on a person’s life.
Types of Pain and Suffering Damages
Pain and suffering in a personal injury lawsuit can refer to any physical pain, emotional distress, and quality-of-life changes a person suffers due to their injuries. General damages for pain and suffering might include compensation for:
- Acute and chronic physical pain
- Depression, anxiety, and emotional distress
- Inability to engage in previously enjoyed activities
- Anguish from physical scarring and disfigurement
- Loss of companionship or consortium
- PTSD
How Does Wisconsin Calculate Pain and Suffering?
Wisconsin courts use two primary methods to calculate pain and suffering: the multiplier and per diem methods.
- Multiplier method – Calculated by multiplying the victim’s economic damages by a specific number, typically between 1.5 and 5
- Per diem method – Defines a daily rate of suffering and multiplies it by the total number of days of suffering the injured party experienced
The amount of pain and suffering compensation an accident victim receives is decided on a case-by-case basis.
Does Wisconsin Limit Pain and Suffering Compensation?
Wisconsin does not limit pain and suffering damages in most personal injury cases. Medical malpractice lawsuits are the exception, where Wisconsin law sets a $750,000 cap on non-economic damages.
Challenges in Recovering Compensation for Pain and Suffering
One of the main difficulties in recovering compensation for pain and suffering is the subjective nature of the claim. Unlike medical bills, pain and suffering is not easily quantifiable. This limitation gives insurance companies room to dispute any claimed amount. Seeking advice from an experienced attorney can help you overcome challenges from the insurer in a pain and suffering claim.
How Can a Wisconsin Personal Injury Lawyer Help Me?
A Wisconsin personal injury attorney can gather the required evidence and create a strong narrative demonstrating the extent of your pain and suffering. Evidence that could strengthen your pain and suffering claim might include:
- Medical records
- Expert medical testimony
- Personal recordkeeping and notes
- Eyewitness accounts
In personal injury cases, the burden of proof is on the victim to prove their pain and suffering. Getting help from a knowledgeable attorney can take the pressure off your shoulders and maximize your compensation.
Contact a Wisconsin Personal Injury Lawyer Today to Discuss Your Case
The respected personal injury lawyers at LawtonCates have fought for the injured in South Central Wisconsin for nearly 60 years. Our law firm doesn’t focus on quick settlements for a swift payday. We pursue justice, accountability, and full and fair compensation without compromise. Don’t wait —call or contact us today for a free consultation.
