{"id":377269,"date":"2016-12-05T18:36:19","date_gmt":"2016-12-05T23:36:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/pain-and-suffering-damages-in-wisconsin.html"},"modified":"2018-12-07T13:18:36","modified_gmt":"2018-12-07T18:18:36","slug":"pain-and-suffering-damages-in-wisconsin","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/pain-and-suffering-damages-in-wisconsin.html","title":{"rendered":"Pain and Suffering Damages in Wisconsin"},"content":{"rendered":"\n
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Pain and Suffering Damages in Wisconsin<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

From the concerts of Summerfest to the frigid thrill of Lambeau Field, Wisconsin knows how to have a good time. But even during these good times, accidents can happen, and every cheesehead knows injuries don’t just befall their beloved Packers players. If you’ve been injured in Wisconsin and you’re pursuing a claim against someone, you may be entitled to damages for pain and suffering, a legal term for the physical and emotional distress caused by a physical injury. Read on to educate yourself about the law regarding pain and suffering damages in Wisconsin.<\/p>\r\n

The table below outlines key aspects of Wisconsin’s laws regarding pain and suffering damages, including damage caps and the statute of limitations.<\/p>\r\n\r\n
Statute of Limitations<\/b><\/td>\r\n

3 years for personal injury & medical malpractice (Sec’s. 893.54<\/a> & 893.55(1m)<\/a>); 120 days to give notice to state and local government agencies (Sec’s. 893.82(3)<\/a> & 893.80(1d)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Limits on Damages<\/b><\/td>\r\n$750,000 cap on non-economic damages in medical malpractice claims (Sec. 893.55(4)(d)<\/a>); $250,000 cap on some claims against the state (Sec. 893.82(6)<\/a>); $50,000 cap for claims against local government (893.80(3)<\/a>)<\/td>\r\n<\/tr>
Other Limits<\/b><\/td>\r\nComparative negligence rule may prohibit or reduce recovery of any damages (Sec. 895.045<\/a>)<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Types of Damages Available<\/h2>\r\n

Personal injury claims in Wisconsin usually result in at least two kinds of damages<\/a>: economic (or "special") and non-economic (or "general"). Economic damages are the monetary expenses of an accident, like medical bills and lost wages, and are easier to calculate. Non-economic damages refer to the more subjective costs of an injury, including physical and emotional pain and suffering.<\/p>\r\n

The Value of Pain and Suffering<\/h2>\r\n

The experiences of pain and suffering can vary greatly, even among those with similar injuries. As a result, it’s inherently difficult to measure<\/a> the damages for pain and suffering. Furthermore, courts often give juries very little guidance for quantifying these awards. However, attorneys and juries sometimes use relevant factors to assign value to these kinds of damages.<\/p>\r\n

Factors considered in measuring damages for pain and suffering include:<\/p>\r\n