The Damages and Losses Available to Wisconsinites Injured in an Accident

Wisconsin is known for its scenic landscapes, strong manufacturing industry, and love of football. Green Bay, home to the iconic Green Bay Packers, is a hub of activity where residents and visitors alike navigate busy roads, workplaces, and public spaces. Unfortunately, accidents can happen anywhere, leaving victims with serious injuries and financial burdens.

When an accident occurs due to someone else’s negligence, Wisconsin law allows victims to seek compensation for their damages. Whether the injury stems from a car crash, workplace incident, or slip and fall, understanding the types of compensation available is crucial. To navigate the legal complexities, many victims turn to personal injury attorneys in Green Bay for guidance and representation.

Economic Damages: Compensation for Financial Losses

Economic damages refer to the tangible financial losses an injured person incurs after an accident. These damages are often straightforward to calculate because they are based on actual expenses and lost income. Some key types of economic damages include:

1. Medical Expenses

Injured victims may be compensated for past, present, and future medical costs. This can include hospital bills, surgeries, prescription medications, physical therapy, and assistive devices like wheelchairs. If ongoing treatment is required, future medical costs can also be factored into the compensation.

2. Lost Wages and Loss of Earning Capacity

Accidents often lead to missed workdays, resulting in lost wages. Compensation can cover not only the wages lost during recovery but also loss of earning capacity if the injuries prevent the victim from returning to their previous job or working at all.

3. Property Damage

If the accident involved damage to personal property, such as a vehicle in a car crash, victims can seek reimbursement for repairs or replacement. This can also extend to other personal items damaged in the incident.

Non-Economic Damages: Addressing Emotional and Physical Suffering

Not all damages are financial. Many accident victims experience significant pain, emotional trauma, and reduced quality of life. Non-economic damages help compensate for these losses, though they can be more challenging to quantify.

1. Pain and Suffering

This includes compensation for physical pain and discomfort caused by the injury. The severity and duration of the pain play a role in determining the amount awarded.

2. Emotional Distress

Many accident victims suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) due to their experience. Emotional distress damages seek to compensate for the psychological impact of the accident.

3. Loss of Enjoyment of Life

If an injury prevents a person from participating in activities they once enjoyed, such as sports, hobbies, or family outings, they may be entitled to compensation for this loss.

4. Loss of Consortium

In cases where an injury affects a victim’s relationship with their spouse, damages may be awarded for loss of companionship, affection, or support.

Punitive Damages: Holding the Negligent Party Accountable

Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim but to punish the at-fault party for particularly reckless or intentional misconduct. Wisconsin law allows punitive damages in cases where the defendant’s actions were especially egregious, such as drunk driving or extreme negligence. However, these damages are awarded only in rare circumstances.

How Wisconsin’s Comparative Negligence Rule Affects Compensation

Wisconsin follows a comparative negligence rule, meaning that if a victim is found partially responsible for the accident, their compensation may be reduced. For example, if a person is found to be 20% at fault for a car accident, their total compensation will be reduced by 20%. However, if they are found to be more than 50% at fault, they may not recover any damages.

Seeking Legal Help After an Accident

Understanding the types of compensation available is crucial for Wisconsinites who have been injured in accidents. However, navigating the legal system and negotiating with insurance companies can be overwhelming. Personal injury attorneys play a key role in gathering evidence, assessing damages, and ensuring victims receive fair compensation.

If you or a loved one has been injured in an accident, consulting a legal professional can help you understand your rights and options. A knowledgeable attorney can make a significant difference in securing the compensation needed to recover and move forward.