What Wisconsin Personal Injury Lawyers Need to Know About Damages

When dealing with personal injury claims in Wisconsin, understanding damages is crucial for lawyers representing clients. Damages serve as the compensation that victims receive for their injuries, suffering, and any financial losses incurred. Wisconsin personal injury lawyers must be well-versed in the types of damages available to ensure they can effectively advocate for their clients.

There are generally two categories of damages: economic and non-economic. Economic damages are quantifiable financial losses that a plaintiff incurs. This includes medical expenses, lost wages, and property damage. Wisconsin personal injury lawyers need to meticulously document these costs to present a strong case. Gathering medical records, bills, and proof of lost income is essential in establishing the total economic damages sought in a claim.

Non-economic damages, on the other hand, account for the subjective costs of less tangible losses, such as pain and suffering and emotional distress. Calculating these damages can be more complex, as there are no direct bills or receipts to reference. Lawyers must be skilled in articulating the impact of the injury on their client’s life to justify the amount of non-economic damages being claimed.

In Wisconsin, the concept of "comparative negligence" comes into play, which can significantly affect the amount of damages awarded. If the injured party is found to be partially at fault for the accident, their damages may be reduced proportionally to their degree of fault. Wisconsin personal injury lawyers should be adept at presenting evidence that minimizes their client’s liability in order to maximize potential compensation.

Additionally, it is vital for attorneys to be aware of the statute of limitations for personal injury claims in Wisconsin. Generally, a plaintiff has three years from the date of the incident to file a lawsuit. However, there can be exceptions, and knowing these details can impact the strategies employed during legal proceedings.

Wisconsin also has specific caps on certain types of damages. For instance, non-economic damages in medical malpractice cases are capped at $750,000. Personal injury lawyers must stay updated on these regulations to provide accurate advice to their clients regarding the potential amount they can claim.

In conclusion, Wisconsin personal injury lawyers must have a comprehensive understanding of the different types of damages, the impact of comparative negligence, and the relevant statutes governing personal injury claims. By being informed and prepared, attorneys can better serve their clients and work towards achieving the compensation they deserve.