Understanding what your injury claim may be worth
If you’ve been injured because someone else acted carelessly, Wisconsin law gives you the right to seek compensation. But how much compensation — and how it’s calculated — isn’t always obvious. There’s no one-size-fits-all chart, and the process involves both legal principles and practical judgment. Here’s how damages are determined in personal injury cases under Wisconsin law.
Types of damages in a Wisconsin personal injury claim
Damages generally fall into two broad categories: compensatory and punitive.
Compensatory damages: making you whole
These are the most common types, meant to restore what you’ve lost — physically, financially, and emotionally.
- Economic damages: These cover direct, measurable costs such as:
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket costs related to the injury
2. Non-economic damages: These are more personal and reflect the human impact of your injury. They may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or support
Because non-economic damages are less concrete, they’re often determined by the severity of the injury, length of recovery, and how your daily life has been affected.
Punitive damages: when misconduct crosses the line
Punitive damages are rare in personal injury cases and aren’t meant to compensate the injured person directly. Instead, they punish especially egregious behavior and deter others from doing the same. In Wisconsin, punitive damages are only available when the defendant’s actions show intentional disregard for the rights of others, not just carelessness, but conduct that’s malicious, outrageous, or reckless.
State law caps these damages at twice the amount of compensatory damages or $200,000 — whichever is greater.
Wisconsin’s comparative negligence rule: how shared fault impacts compensation
Wisconsin follows a modified comparative negligence model. If you are partially at fault for the accident, your damages will be reduced in proportion to your share of the blame. If you’re more than 50% responsible, however, you won’t be able to recover damages.
For example, you're awarded $100,000 but are 10% to blame — your final amount would be reduced 10% to $90,000.
How damages are evaluated in practice
Several types of evidence may be used to determine the value of your claim, including:
• Medical records and expert testimony
• Employment documentation
• Statements from family, friends, or caregivers
• Accident reconstruction reports
• Personal notes or journals documenting your recovery
Strong documentation not only supports your claim but also helps paint a clearer picture of the injury’s impact on your life.
What role does insurance play in determining damages?
Most personal injury claims are resolved through insurance settlements rather than court verdicts. Insurance companies use internal formulas to evaluate claims, but those numbers are still influenced by the same legal standards that apply in court.
This is where legal advocacy makes a difference — having someone who knows how insurers operate can help ensure you’re not pressured into settling for less than your case is worth.
Why legal representation matters
Personal injury claims involve more than just tallying bills. There’s negotiation, legal interpretation, and the challenge of proving both visible and invisible losses. A personal injury attorney can help assess the full value of your case, gather the right evidence, and advocate on your behalf — whether in settlement talks or in court.
