Understanding Pain And Suffering Damages In Wisconsin Injury Claims

By Howard Eglash, Personal Injury Attorney

When you’re injured in an accident, the financial costs—like medical bills and lost wages—are easy to measure. But what about the physical pain, emotional distress, and overall disruption to your daily life? In Wisconsin, these losses are recognized as pain and suffering damages, a type of compensation available in personal injury claims.

Understanding how these damages are calculated and awarded can help you know what to expect if you pursue a claim.

What Are Pain And Suffering Damages

Pain and suffering damages fall under the category of non-economic damages. Unlike medical expenses or lost income, which can be calculated using receipts and pay stubs, pain and suffering compensates for intangible losses such as:

• Physical pain and discomfort caused by the injury
• Emotional distress, anxiety, or depression
• Loss of enjoyment of daily activities or hobbies
• Sleep disturbances or ongoing fatigue
• Permanent disfigurement or scarring
• Damage to relationships, including loss of companionship

These damages recognize that an accident affects more than your wallet—it can change the way you live your life.

How Wisconsin Law Handles Pain And Suffering

Wisconsin allows injured parties to seek compensation for pain and suffering in most personal injury cases, including car accidents, slip and falls, and medical malpractice. While there is no universal formula, courts and insurers consider several factors:

• Severity of the injury: More serious injuries often lead to higher awards.
• Duration of recovery: Long-term or permanent conditions typically increase damages.
• Impact on lifestyle: If you can no longer work, enjoy hobbies, or care for family as before, compensation may be higher.
• Credibility of evidence: Medical records, expert testimony, and personal journals can help prove the extent of your suffering.

Wisconsin does place caps on non-economic damages in some cases. For example, medical malpractice claims are capped at $750,000. However, in most standard injury claims, there is no fixed limit on what you may recover.

Evidence That Strengthens Your Claim

Because pain and suffering damages are subjective, strong evidence is critical. You can support your claim by:

• Keeping a pain journal that documents your daily struggles
• Saving detailed medical records and doctor’s notes
• Gathering testimony from family, friends, or coworkers about how your life has changed
• Using expert witnesses, such as medical professionals or psychologists, to explain the long-term impact of your injuries

Why Legal Representation Matters

Insurance companies often try to downplay or deny pain and suffering damages, arguing that your injuries are not as severe as you claim. Without an experienced attorney, you may receive a settlement offer that does not reflect the full extent of your suffering.

An attorney can:

• Present strong evidence to support your claim
• Negotiate with insurers for fair compensation
• Ensure Wisconsin’s legal standards are applied correctly
• Take your case to court if necessary

Protecting Your Rights After An Injury

Pain and suffering damages are a crucial part of personal injury claims in Wisconsin. They recognize that injuries affect more than your finances—they affect your quality of life. By documenting your experience and working with a knowledgeable attorney, you can pursue compensation that truly reflects the impact of your injury.

At Bosshard Parke, we help injury victims in La Crosse, Sparta, and throughout western Wisconsin fight for the compensation they deserve. If you’ve been injured in an accident, contact us today to schedule a consultation with one of our personal injury attorneys.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult an attorney at Bosshard Parke.