Understanding Non-Economic Damages in Personal Injury Claims: A Guide for Fond du Lac, Wisconsin Residents

 

Personal injury victims in Fond du Lac, Wisconsin, may be entitled to compensation for non-economic damages—intangible losses that don't have a specific monetary value but significantly impact their quality of life. Non-economic damages refer to the hardships your injuries have caused that don't involve money and represent some of the most meaningful aspects of recovery for accident victims. These damages encompass pain and suffering, emotional distress, loss of enjoyment of life, mental anguish, and loss of companionship or consortium. Unlike medical bills or lost wages, non-economic damages address the profound personal impact an injury has on a victim's daily existence, relationships, and overall well-being.

In Wisconsin personal injury claims, non-economic damages play a crucial role in ensuring fair compensation for accident victims. Non-economic damages may be awarded for any of the following: ... Scarring and disfigurement, along with pain and suffering, emotional trauma, and diminished quality of life. These damages become particularly significant in cases involving permanent disabilities, disfigurement, or chronic pain conditions that alter a person's life trajectory. Understanding how these damages are calculated and what limitations may apply is essential for anyone pursuing a personal injury claim in Wisconsin, as they often represent a substantial portion of total compensation awarded to victims.

Legal Rights and Considerations

Wisconsin law provides specific protections and limitations regarding non-economic damages in personal injury cases. In Wisconsin, the cap on compensation for non-economic damages is set at $750,000, but this cap applies specifically to medical malpractice cases. While Wisconsin doesn't limit damages for pain and suffering, specifically, it does cap claims against the state at $250,000, claims against local municipalities at $50,000. The state follows a modified comparative negligence rule under Wisconsin Statutes § 895.045(1), meaning victims can recover damages as long as they are less than 51% at fault for the accident.

Wisconsin requires minimum liability insurance coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $10,000 for property damage, along with mandatory uninsured motorist coverage. However, these minimum amounts may be insufficient to cover substantial non-economic damages in serious injury cases. Wisconsin's general personal injury statute of limitations is located at Wis. Stat. § 893.54(1m) (2024). In most cases, you have three years to file a lawsuit, though specific types of cases may have different deadlines. Victims should be aware that non-economic damages calculations require detailed documentation and often expert testimony to establish the full impact of their injuries on their lives. An experienced Fond du Lac personal injury lawyer will handle all aspects of the legal claim.

Non-economic damages can be a factor in all kinds of injury accident claims. Click the links below to get information from an experienced attorney for accidents and injuries including:
 

Related Resources

Local Courts

  • Fond du Lac County Circuit Court
    • Address: 160 S. Macy Street, Fond du Lac, WI 54935
    • Phone: (920) 929-3038
    • Clerk of Circuit Courts: Michelle Weber

Support Services for Accident Victims

  • Wisconsin Department of Justice Office of Crime Victim Services

    • Phone: 800-446-6564
    • Website: www.wisdoj.gov/Pages/CrimeVictimServices/crime-victim-services.aspx
  • Brain Injury Resource Center of Wisconsin

    • Provides support for traumatic brain injury survivors and families
    • Website: www.bircofwi.org
  • Wisconsin Crime Victims Compensation Program

    • Provides reimbursement to eligible victims and their families for certain crime-related expenses. CVC benefits may cover medical, counseling and funeral expenses, as well as wages lost as a direct result of the crime
  • 211 Wisconsin

    • Call 211 anywhere in Wisconsin for help
    • Connects individuals with local support services

State Laws and Regulations

  • Wisconsin Department of Transportation

    • Minimum Insurance Requirements: wisconsindot.gov/pages/dmv/license-drvs/rcd-crsh-rpt/auto-insurance.aspx
    • Traffic Laws and Safety Information
  • Wisconsin Legislature

    • Personal Injury Statutes: Wisconsin Statutes Chapter 893
    • Comparative Negligence Law: Wisconsin Statutes § 895.045
  • Wisconsin Office of the Commissioner of Insurance

    • Consumer guides and insurance information
    • Website: oci.wi.gov

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