An injury can change your life in countless ways. Beyond the immediate medical expenses and lost income, you may experience ongoing physical pain, emotional distress, and quality-of-life changes that limit your ability to enjoy hobbies or activities you once did. Wisconsin law allows accident victims to seek compensation for these non-financial losses. The legal term for this money is pain and suffering damages.
At LawtonCates, our experienced personal injury attorneys understand the immeasurable harm a sudden injury can inflict on a person’s life. Our job is to quantify those intangible losses into a fair dollar amount and demand full compensation for the pain and suffering you experienced or continue to endure today.
There are several types of pain and suffering damages in Wisconsin. With over 60 years of experience pursuing justice for injured people, our attorneys can review your case and build a strategic case requesting fair compensation for what you endured. Financial losses are easier for insurance companies to address in Wisconsin personal injury claims. We fight so that no one overlooks the personal impact of your injury.
We’re ready to help. Call or contact us today for a free consultation.
What Are Pain and Suffering Damages?
Pain and suffering damages fall under the category of non-economic damages in Wisconsin personal injury law. Unlike economic damages — which compensate for specific financial losses such as medical bills or lost wages — pain and suffering damages address the discomfort, distress, and reduced enjoyment of life that often accompany serious injuries.
Wisconsin courts typically recognize two main categories of pain and suffering:
- Physical pain and suffering – The actual bodily pain experienced both immediately after an injury and potentially continuing into the future
- Mental pain and suffering – The psychological and emotional effects resulting from an injury, including emotional distress, mental anguish, loss of consortium, and reduced quality of life
How Do I Recover Pain and Suffering Compensation?
Recovering compensation for pain and suffering requires proving several elements in your personal injury case:
- Liability – Establishing that another party caused your injuries through negligent or wrongful conduct
- Causation – Demonstrating that your injuries resulted directly from the incident in question
- Extent of suffering – Providing evidence of the nature, severity, and duration of your pain and suffering
To maximize your opportunity to receive fair compensation, you should work with an experienced personal injury lawyer who understands how to document and present compelling evidence of your pain and suffering.
What Are Examples of Pain and Suffering in Wisconsin?
Pain and suffering refers to many physical and emotional effects that an injured person may experience, including:
- Chronic pain – Ongoing discomfort that persists despite treatment
- Limited mobility – Reduced ability to move freely or perform physical activities
- Sleep disturbances – Difficulty falling or staying asleep due to pain or anxiety
- Anxiety and depression – Psychological conditions that develop following traumatic incidents
- Post-traumatic stress – Emotional reactions triggered by memories of the incident
- Scarring and disfigurement – Physical changes that affect appearance and self-image
- Loss of consortium – Changes in relationships with spouses or family members
- Diminished quality of life – Reduced ability to participate in hobbies, activities, or work
- Emotional distress – Feelings of fear, grief, humiliation, or other negative emotions
- Future suffering – Anticipated ongoing or worsening conditions related to the injury
The extent of pain and suffering varies considerably depending on the individual and the nature of their injuries.
How Do Courts Calculate Pain and Suffering?
Unlike economic damages in Wisconsin injury claims, pain and suffering does not have a straightforward dollar value. Wisconsin courts and insurance companies typically use several approaches to calculate these damages:
- Precedent-based assessment – Similar cases and their outcomes inform the valuation.
- Comprehensive evaluation – All aspects of your pain and suffering are considered holistically
Courts consider several factors when determining the value of pain and suffering, including:
- The severity of your injuries
- The expected length of the recovery period
- The permanence of any disability
- The injury’s impact on daily and professional activities
- Age and health status before the injury
- The credibility of your testimony
- Quality of supporting evidence
Strong, detailed evidence is crucial for substantiating your claim in a lawsuit for pain and suffering.
Are There Caps on Pain and Suffering in Wisconsin?
Wisconsin does not impose a general cap on pain and suffering damages in most personal injury cases. This means there is no arbitrary limit to the compensation you can recover for your non-economic losses in cases like car accidents, slip and falls, or dog bites.
However, Wisconsin does place specific caps in certain types of cases:
- Medical malpractice – Non-economic damages, including pain and suffering, are capped at $750,000.
- Claims against government entities – Claims against state or local governments both have various limitations under Wisconsin law.
- Punitive damages – Punitive damages punish wrongdoers for especially egregious conduct and are capped at $200,000 or twice the award of other damages, whichever is larger.
For most Wisconsin personal injury claims, the amount you can recover for pain and suffering depends on the specific circumstances of your case and the strength of your evidence rather than a predetermined cap.
How Can a Personal Injury Lawyer Maximize My Compensation?
A Wisconsin personal injury lawyer can play a crucial role in helping you pursue fair compensation for pain and suffering by:
- Building a comprehensive case
- Calculating appropriate damages
- Presenting compelling evidence of your pain and suffering
- Countering defense tactics that attempt to shift blame onto you
- Negotiating effectively with insurance companies
- Preparing for trial if a personal injury lawsuit for pain and suffering becomes necessary
Schedule a Complimentary Consultation With a Personal Injury Lawyer Today
At LawtonCates, our experienced personal injury attorneys have helped countless Wisconsin residents secure fair compensation for their pain and suffering. We understand the profound ways an injury can affect your life, and we will fight tirelessly to pursue these non-economic damages at their proper value.
With offices in Madison and Jefferson, our law firm proudly represents clients throughout South Central Wisconsin. Call or contact us online today for a free consultation.