f you have been injured because of someone else’s negligence, you may be entitled to compensation for more than just your immediate medical bills. Depending on the circumstances of your case, a personal injury claim may allow you to recover damages for medical treatment, lost income, pain and suffering, and other losses resulting from your injury.
Understanding the types of damages that may be available can help you better understand your rights and what your claim may be worth.
What Are Personal Injury Damages?
In a personal injury case, damages are the financial compensation awarded to an injured person for losses caused by another party’s negligence or wrongful conduct.
The damages available will depend on factors such as the type and severity of the injury, the treatment required, whether the injury affects your ability to work, and how the injury has affected your everyday life.
Wisconsin courts recognize several categories of damages, including medical expenses, lost wages or earning capacity, and pain and suffering.
1. Medical Expenses
Medical expenses are one of the most common types of damages in a personal injury claim.
Depending on your circumstances, compensation may include reasonable and necessary costs associated with treating your injuries, such as:
- Emergency room visits
- Hospital stays
- Doctor appointments
- Surgery
- Physical therapy
- Prescription medications
- Diagnostic testing and imaging
- Rehabilitation
- Other necessary medical care
A claim may also include future medical expenses when an injury is expected to require ongoing treatment.
Wisconsin courts have recognized compensation for both past and future medical care when supported by the evidence.
2. Lost Wages and Lost Income
An injury can affect your ability to work. If you miss work because of your injuries, you may be able to seek compensation for lost wages.
This can include income lost while recovering from an injury as well as certain employment benefits you were unable to receive.
For more serious injuries, you may also have a claim for future loss of earning capacity if the injury affects your ability to earn the same income in the future. Wisconsin courts recognize lost wages and impairment of earning capacity as potential components of personal injury damages.
3. Pain and Suffering
Not all losses from an injury come with a receipt or invoice.
Pain and suffering damages may compensate you for the physical pain and emotional distress caused by an injury. They can also take into account the ongoing effects of an injury and how it changes your daily life.
There is no simple formula that determines the value of pain and suffering. The circumstances of the injury, the severity and duration of symptoms, medical treatment, and the effect on your life can all be relevant.
Wisconsin jury instructions recognize compensation for past and future physical, mental, and emotional pain and suffering.
4. Disability and Loss of Enjoyment of Life
A serious injury can affect much more than your ability to work.
You may no longer be able to participate in hobbies, sports, family activities, or other things you enjoyed before the injury. A permanent disability may also affect your independence and quality of life.
These consequences can be considered when determining appropriate compensation for an injury.
5. Future Losses
Some injuries have consequences that continue long after the initial accident.
If your injury requires ongoing treatment or is expected to reduce your ability to work, your claim may include damages for certain future losses, provided they can be established with appropriate evidence.
This is particularly important in cases involving permanent or catastrophic injuries, where the financial impact may extend for years or even decades.
6. Other Economic Losses
Depending on the circumstances of your case, you may also experience other financial losses because of your injury.
For example, you may have costs associated with rehabilitation, necessary services, or other expenses resulting from the injury. Wisconsin law recognizes various forms of economic loss in appropriate cases.
Keeping records of expenses and other financial losses can help document the full impact of your injury.
Can Your Own Fault Reduce Your Compensation?
In Wisconsin, your own negligence can affect the amount you recover.
Under Wisconsin’s comparative negligence law, damages can be reduced based on the percentage of fault attributed to the injured person. If the injured person’s negligence is greater than the negligence of the person from whom recovery is sought, the injured person cannot recover damages under the statute.
Because fault can significantly affect the value of a claim, it is important to carefully document what happened and preserve relevant evidence.
How Do You Determine What Your Personal Injury Claim Is Worth?
There is no standard settlement amount for a personal injury claim.
The potential value of a case depends on the specific circumstances, including:
- The severity of the injury
- Medical treatment and expenses
- Whether future treatment is necessary
- Time missed from work
- Loss of future earning capacity
- The duration of pain and symptoms
- The effect of the injury on daily activities
- Whether the injury is permanent
- The percentage of fault assigned to each party
- Available insurance coverage
Two people can experience similar accidents but have very different claims because their injuries and circumstances are different.
What Should You Do After a Personal Injury?
If you have been injured, seek appropriate medical attention and keep records related to your accident and treatment. Save medical bills, receipts, employment records, correspondence with insurance companies, and other documentation that may help establish your losses.
It is also important to be cautious when speaking with an insurance company. An insurer may try to resolve a claim quickly, but an early settlement may not account for future medical treatment or other losses that have not yet been fully understood.
For information about Wisconsin’s laws governing negligence and recovery, you can review Wisconsin Statute § 895.045.
Talk to a Personal Injury Lawyer
If you were injured because of someone else’s negligence, you may have the right to seek compensation for both your financial losses and the physical and emotional impact of your injury.
Every personal injury case is different. A personal injury lawyer can review the circumstances of your accident, identify the damages that may apply to your situation, and help you understand your legal options.
If you have been injured, don’t assume that your medical bills are the only compensation you may be entitled to recover. Contact our personal injury attorney to discuss your case and learn about your rights.
