There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category and are often the most controversial part of any auto accident recovery, partly because they are not easily defined or quantified, and partly because they can make up a very substantial part of any plaintiff’s overall damage claim. Following is a break-down of the types of harm covered under economic or non-economic damages:
In auto accident cases, economic damages may include:
Present and future medical care
Loss of income or earnings capacity
Harm to reputation
Damage to or loss of property
Non-economic damages may include:
Pain and suffering
Mental distress
Worry or emotional anguish
Embarrassment or humiliation
Loss of enjoyment of life
Loss of well-being or bodily functions
Loss of consortium (loss of spousal companionship and services)
Wisconsin generally operates under a “tort liability system” that governs how pain and suffering claims are to be litigated. In short, the tort liability system allows the jury to decide, exclusively, the amount of damages to which the plaintiff is entitled. There are no restrictions on who can or cannot sue for personal injury damages. The jury looks at the amount of money the plaintiff is requesting for each item of harm and decides if that amount is reasonable. To see how juries go about this task, see How Do Insurance Companies and Juries Assign Values to Pain and Suffering? While Wisconsin does not require Personal Injury Protection (PIP) coverage for drivers, and does not require insurers to offer it, PIP coverage will pay for your medical expenses (and other expenses, like lost wages, if your insurer provides that) in the event you are injured in an auto accident. Ask your insurer for more details about PIP coverage.
Resources:
Document Your Pain and Suffering Claim (Checklist) : A checklist that helps you document your economic and non-economic damages. An invaluable tool to help you prove how much your pain and suffering claim is worth.
Wisconsin Office of the Commissioner of Insurance: The Wisconsin Office of the Commissioner of Insurance website offers helpful FAQs and links for filing complaints.
Frequently Asked Questions About Auto Insurance (Wisconsin Office of the Commissioner of Insurance): Auto insurance FAQs specific to Wisconsin.
Free Advice Auto Insurance Center:. Articles, FAQs, free quotes and research links
Back to Wisconsin Car Accident Resources and Statutes.