How Is Pain And Suffering Calculated In Wisconsin?

How Is Pain And Suffering Calculated In Wisconsin?

If you have been injured in Wisconsin, you’re likely facing more than just physical pain. Stress over your immediate and future circumstances can be overwhelming. With medical bills incoming and the anxiety about lost wages, the cost of recovery often simply exceeds what many can afford. This often leads Wisconsin residents to file personal injury lawsuits.

One key aspect of a personal injury lawsuit is pain and suffering. Pain and suffering is not easy to measure, and Wisconsin has no standardized formula. That doesn’t mean compensation is impossible. It's why reaching out to a personal injury attorney who has experience pursuing pain and suffering compensation can be vital. Here's a quick look at how Wisconsin addresses pain and suffering.

What Is Pain And Suffering In Wisconsin?

Pain and suffering can take many forms, which is fitting given how deeply injuries can disrupt day-to-day life. Here's a look at the common challenges that Wisconsin residents can seek compensation for:

• Chronic pain
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship/intimacy

While we hope you find support and solidarity for your pain and suffering, receiving compensation often requires far more effort and documentation.

What Evidence Helps Prove Pain and Suffering?

Thorough documentation is essential. Your insurance company will likely not be showing any mercy when they look over the details of your case. If there's room to cast doubt on your story, they will. To make it harder for them, here are five key forms of evidence to gather:

• Medical records and doctor's notes
• A detailed and thorough pain journal
• Testimony from loved ones and mental health professionals
• Receipts from medical visits and prescriptions
• Multimedia depicting how your life has changed

Supplying detailed information from multiple angles can make a difference when it comes to making your case stronger.

What Equation Does Wisconsin Use To Calculate Pain And Suffering?

While Wisconsin has yet to establish a singular formula, here are two common methods that insurance companies may try to use:

1. Multiplier Method: Economic damages like medical bills and lost wages are far easier to quantify and thus serve as the base point for the method. Economic damages are then multiplied by a number between 1.5 and 5 to cover non-economic issues.
2. Per Diem Method: How has your injury disrupted your daily routine? That daily impact is the basis for this formula. That per diem amount is then multiplied by the number of days you have experienced hardship.

However, in reality, pain and suffering is not a number tied to the amount of medical bills you have or the amount of wages you have lost. Instead, it is really about the human damages to you. Basically, pain and suffering should reflect what has been taken from you, as in the quality of your life, along with the harms and losses that you have suffered from your injuries. It is important to look at the day-to-day struggles, discomfort, and pain you may suffer from along with the changes to your body that you have had to (and will have to) deal with because of your injuries. It is important to look at the activities you can no longer enjoy and the changes that you have had to make to your life because of your injuries.

It is completely understandable to stress about how your case will be evaluated. An experienced personal injury lawyer can help you prepare for the road ahead and what you can expect.

Are There Limits To How Much I Can Get For My Pain And Suffering?

Wisconsin generally does not place any limits, commonly known as a damage cap, on pain and suffering damages.

That being said, there are exceptions:

• Medical malpractice cases: There is a $750,000 cap.
• Claims against the government: There is a $50,000 cap, with some exceptions. Notably, if the claim involves a motor vehicle accident, the cap can rise to $250,000.

Wisconsin also imposes statutes of limitations on personal injury and wrongful death cases. While compensation may be affected by damage caps, these deadlines are just as important. In Wisconsin, most personal injury and wrongful death claims need to be filed within three years of the date of injury. However, if the wrongful death was caused by a motor vehicle accident, that deadline is reduced to two years.

Missing this deadline can bar you from receiving compensation of any kind. An experienced personal injury attorney in Wisconsin can educate you more on any legal limits that may apply to your case.

Why Insurance Can Be Difficult

Insurance companies will look for any gray area in your case that gives them an excuse to reduce your potential settlement. If they can find an angle, they will more than likely use it. Even if your evidence feels airtight, keep in mind that insurance adjusters spend their workweek picking apart claims. They'll be looking at the available evidence, monitoring your social media, and pinpointing any detail that could let them downplay your pain and suffering.

Never assume that an insurance adjuster is there to help you. What feels like "clearing up details" to you may actually give them more reasons to undermine your case.

How An Attorney Can Help

Your injury has changed your life, and you deserve to recover with as little added stress as possible. Some people, trying to avoid stress, dismiss the idea of getting an attorney due to the cost. This is part of why many personal injury attorneys operate on contingency. That means that you don't pay unless your attorney successfully recovers compensation.

Beyond alleviating financial anxiety, an experienced personal injury attorney can handle insurance communications, collect key evidence, and build a strong case on your behalf.

Contact A Personal Injury Lawyer To Learn More About Your Case