When you suffer an injury due to someone else’s negligence, you may be entitled to compensation for your losses. In Wisconsin, personal injury claims typically include two types of damages: economic damages (such as medical bills and lost wages) and non-economic damages, commonly referred to as general damages. These general damages account for the pain, suffering, and emotional distress experienced due to the injury. Understanding how general damages are assessed and claimed is crucial for maximizing your compensation.
What Are General Damages?
General damages refer to the intangible losses suffered by a personal injury victim. Unlike economic damages, which are easily quantifiable, general damages require a more subjective assessment. These may include:
- Physical Pain and Suffering: The discomfort, aches, and chronic pain resulting from the injury.
- Emotional Distress: The general emotional pain and discomfort resulting from the accident.
- Loss of Enjoyment of Life: The inability to participate in activities and hobbies you once enjoyed.
- Disfigurement or Disability: Permanent scars, amputations, or disabilities that alter your life significantly.
- Loss of Society/Companionship: The impact on relationships with a spouse or family due to injury.
Proving General Damages in a Wisconsin Personal Injury Claim
Because general damages are subjective, solid evidence is crucial for proving their impact and relation to the accident. The following can be used to support your claim:
1. Medical Records and Expert Testimony
- Medical reports detailing the extent of injuries and pain levels.
- Testimonies from doctors and specialists about long-term effects.
2. Personal Pain and Suffering Journal
- Daily logs describing physical pain, emotional struggles, and lifestyle changes.
- Consistent records that illustrate the ongoing impact of the injury.
3. Witness Statements
- Testimonies from family, friends, or co-workers detailing changes in behavior and capabilities.
- Spouse or partner statements supporting loss of companionship claims.
4. Photos and Videos
- Visual proof of injuries and recovery progress.
- Footage demonstrating challenges with mobility or daily activities.
Are There Caps on General Damages in Wisconsin?
In most personal injury cases, Wisconsin does not impose a cap on general damages. However, exceptions include:
- Medical Malpractice Cases: A cap of $750,000 on non-economic damages.
- Claims Against Government Entities: Special limits apply depending on the case.
Your claim may be further limited by the insurance policy limits of the at-fault party.
The Role of a Personal Injury Attorney
Since general damages are subjective, insurance companies often undervalue them to minimize payouts. A skilled Wisconsin personal injury attorney can:
- Gather strong evidence to support your claim.
- Negotiate with insurance adjusters for a fair settlement.
- Take the case to trial if necessary to secure maximum compensation.
General damages play a vital role in fully compensating personal injury victims for their suffering. While they can be challenging to quantify, strong documentation and legal representation can significantly enhance the chances of obtaining fair compensation.
If you or a loved one has suffered an injury in Wisconsin and needs help understanding your claim, consulting an experienced personal injury lawyer can make all the difference. At Doar, Drill & Skow, we offer free, no-obligation consultations for all personal injury claims. Contact us today at 1-877-DOARLAW.