Types of Damages in Personal Injury Cases

Types of Damages in Personal Injury Cases

“How much is my case worth?” That’s one of the most frequent questions personal injury attorneys hear from potential clients. It’s a smart question. Securing compensation — or damages, as Wisconsin law calls it — provides a vital safety net for people recovering from serious injuries. Accident victims can receive damages for a wide range of losses after an injury. Learning the types of damages available in Wisconsin can help you understand what to expect when filing a personal injury claim.   

Understanding Personal Injury Damages

Damages is the legal term for the compensation an injured victim receives in a successful personal injury case. Damages cover financial losses that can be calculated, such as medical bills, lost wages, and more. It can also include money for subjective losses such as pain and suffering.

Calculating damages and recovering fair compensation isn’t a straightforward process. No single amount applies to a personal injury case, even where the circumstances of the accident seem nearly identical. Everyone’s case is unique. 

Another complication is that insurance companies often try to minimize payouts, offering less than victims may be entitled to receive. That’s where hiring an experienced personal injury lawyer becomes essential. A skilled attorney can accurately assess the value of your claim, gather persuasive evidence, and negotiate with insurers to secure the money you need to rebuild your life. 

The LawtonCates Approach to Personal Injury Cases

At LawtonCates, we approach personal injury cases with a dual focus on thoroughness and client care. Our law firm has served South Central Wisconsin since 1958 and has a longstanding tradition of fighting for what’s right. Our personal injury attorneys prepare each case as if it’s going to trial, unlike firms who may cave to the insurance company’s first offer just to get a bigger case in the door. Our uncompromising strategy shows insurance companies we won’t let our clients get underpaid. 

Types of Damages in Personal Injury Cases

Three categories of damages are available in Wisconsin personal injury cases: economic, non-economic, and punitive.

Economic Damages

Economic damages cover your financial losses resulting from an injury. These are easily quantifiable and include costs like medical expenses, lost income, and property damage. Let’s say you need surgery because of a car accident. The cost of the operation, hospital stay, and any rehabilitation would be considered economic damages. Additionally, if you miss work due to your injuries, the wages you lose during that time count as economic damages.

Non-Economic Damages

Non-economic damages compensate you for the intangible effects of an injury. These damages are harder to quantify and include pain and suffering, emotional distress, and loss of enjoyment of life. If your injuries prevent you from enjoying hobbies or spending time with loved ones like you used to, you may receive compensation for these losses.

Punitive Damages

In rare cases, the courts award punitive damages to penalize a defendant for particularly harmful behavior and to deter others from similar actions. 

To receive punitive damages in Wisconsin, you must prove the defendant acted maliciously or intentionally disregarded your rights. The court can award punitive damages up to twice the amount of your compensatory damages or $200,000, whichever is greater. However, this limit does not apply in some instances, such as cases where the defendant was under the influence of an intoxicant while operating a vehicle.

Get Help From a Wisconsin Personal Injury Attorney Now

Don’t wait to learn about the compensation you could receive after an injury someone else caused. Contact LawtonCates today for a free consultation with a proven personal injury lawyer

Author: LawtonCates

At LawtonCates, we take fighting for accident victims very seriously. It’s how we’ve always done it for six-plus decades as a reputable South Central Wisconsin law practice. Our lawyers are passionate about helping people get back on their feet because we know their health, livelihood, and future are at stake.