Wisconsin Personal Injury Damages — What You Can Recover

Damages in a Wisconsin personal injury case are designed to make the injured person whole — to restore them, as nearly as money can, to the position they would have been in if the injury had not occurred. Understanding the categories of damages, how they are calculated, and how Wisconsin's specific rules affect the outcome is essential to evaluating any personal injury claim.

Economic damages compensate for objectively measurable financial losses. These are proven through documentation — bills, records, pay stubs, and expert projections:

• Medical expenses — emergency room treatment, surgery, hospitalization, physician visits, physical therapy, prescription medications, diagnostic imaging, and medical devices. This includes both past expenses and projected future medical costs for ongoing treatment.
• Lost wages — income lost during the recovery period, including salary, hourly wages, bonuses, commissions, and the value of sick time, vacation time, or FMLA leave used
• Lost earning capacity — if the injury permanently affects the ability to work, an economist or vocational expert can calculate the difference between pre-injury and post-injury earning ability over the plaintiff's remaining working life
• Property damage — repair or replacement of vehicles, personal items, and other property damaged in the incident
• Out-of-pocket expenses — transportation to medical appointments, home modifications (ramps, grab bars), household help, childcare during recovery, and assistive devices

Non-economic damages compensate for losses that are real and significant but harder to quantify. There is no fixed formula — these are assessed by the jury based on the evidence:

• Pain and suffering — the physical pain caused by the injury and experienced during treatment and recovery
• Emotional distress — anxiety, depression, PTSD, insomnia, fear, and the psychological impact of the injury
• Loss of enjoyment of life — the inability to participate in hobbies, activities, sports, or social life that the plaintiff enjoyed before the injury
• Loss of consortium — the impact on the marital or family relationship, including companionship, affection, and intimacy. In Wisconsin, a spouse may bring a separate consortium claim.
• Disfigurement and scarring — permanent physical changes that affect appearance, self-image, and daily life
• Inconvenience and disruption — the ongoing burden of living with the injury's effects

Wisconsin imposes caps on certain categories of damages that limit recovery regardless of what a jury awards:

• Medical Malpractice Noneconomic: $750,000 noneconomic damages cap in medical malpractice — Cap on noneconomic damages in medical malpractice cases. Wisconsin Supreme Court has addressed constitutionality in multiple cases — verify current status. §893.55

Punitive damages are not about compensating the plaintiff — they are about punishing egregious conduct and deterring similar behavior by others.

Punitive damages in Wisconsin require proof by clear and convincing evidence — a significantly higher burden than the preponderance standard used for Compensatory damages §895.043. They are reserved for conduct involving oppression, fraud, wantonness, or malice.

Must prove malice or intentional disregard of the plaintiff's rights by clear and convincing evidence. Cap: greater of $200,000 or 2x compensatory damages, except where the defendant's conduct included operating a vehicle (including a motor vehicle, snowmobile, ATV, UTV, off-highway motorcycle, or boat) while under the influence of an intoxicant to a degree that rendered the defendant incapable of safe operation (§895.043(6)).

Under Wisconsin's modified comparative fault rule, damages are reduced by the plaintiff's percentage of fault — but if the plaintiff is 51% or more at fault, recovery is barred entirely. The difference between 50% and 51% fault can mean the difference between a substantial award and zero.

§895.045