If you were injured in Wisconsin because of another party’s negligence, you probably speculate about how much you could receive in a personal injury settlement. Learn more about personal injury settlements below, then contact our Kenosha personal injury lawyer at Law Offices of John V. O’Connor for more information.
Yes. There is a limit on punitive damages of $200,000, or twice what you received for compensatory damages, whichever number is higher. Also, Wisconsin has a cap on non-economic damages for medical malpractice at $750,000. This is known as pain and suffering damages. The state supreme court upheld this cap.
There are no caps on pain and suffering damages for other personal injuries in Wisconsin, such as car accidents, defective products, slip and fall incidents, etc. However, damages for claims against the Wisconsin state government are limited to $250,000, and damages for a claim against a Wisconsin municipality are limited to $50,000.
Now that you understand the limits on damages on some personal injury claims in the state, who pays? In most personal injury cases in Wisconsin, the insurance company for the negligent party pays. So, for example, if someone runs into you at a traffic light and you break your arm, the negligent driver’s insurance company will probably compensate you for your losses.
If the other driver does not have insurance, your personal auto policy will likely cover your losses. However, there can be other sources of coverage and liability that your personal injury attorney could find. For example, if another driver was involved and was partially negligent, their insurance company may have to compensate you.
The first step to getting a personal injury settlement in Wisconsin is filing a claim with the appropriate insurance company. The claims process includes paperwork, regular communications with insurance adjusters, and negotiation sessions. The idea is for both sides to agree to a financial settlement to keep the case from going to court. Your personal injury attorney will handle the claims and negotiation processes.
If your Wisconsin personal injury claim cannot be settled, your attorney will file a lawsuit. This also involves a lot of paperwork and various legal filings and hearings. When you file the lawsuit, the goal is to convince the jury that the other party was negligent and that they owe you compensation.
The good news is that even after a lawsuit is filed, most personal injury cases are settled before court. Many insurance companies prefer a settlement without the hassle and risk of going to trial and paying more. It is common for juries to side with an injured plaintiff and award more money than would have been provided in a settlement.
However, your attorney will advise you on settling or filing a lawsuit. Some Wisconsin personal injuries involve severe injuries, and you may need more money to move on with your life than the insurance company offers.
If you were hurt because of someone’s negligence in an accident, you have a right to compensation for your losses. Our Kenosha personal injury lawyers at Law Offices of John V. O’Connor can help you, so call (262) 605-8400.