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The Types and Calculation of Damages Available in Personal Injury Lawsuits

Posted on in Personal Injury

Wisconsin accident attorney, injury liability, Wisconsin injury lawyer, Wisconsin tort lawWhen you are involved in an accident that causes you to suffer a personal injury, there are many questions on your mind. Some of these questions may include wondering how much your case is really worth. The law views the value of your case in terms of damages and there are many factors that contribute to them.

You can receive money damages in one of two ways. You can try reaching a settlement with the party responsible for your injuries or their insurance company. If that fails, you can file a lawsuit against the party who caused your injuries and the judge or jury can award money damages to you after trial.

If you or someone you loved suffered a personal injury as a result of the negligent or outrageous behavior of another, you should contact an experienced personal injury attorney who will be able to properly evaluate your case, identify the possible amounts of recovery and provide you with the best course of action to receive the compensation you deserve.

Compensatory Damages

In personal injury cases, there are two types of damages you can recover: compensatory and/or punitive damages. Compensatory damages are intended to compensate you for the injuries or property damage you suffered as a result of the negligent conduct of the defendant.

Compensatory damages are meant to make you ‘whole’ to the nearest extent possible, to a point where you were prior to the accident. This is essentially putting a dollar value on your injuries and losses. Sometimes it is easy to quantify your losses, but if you suffered a chronic or severe injury, it will be much harder to place a specific number on your injuries.

Punitive Damages

Punitive damages across the United States are a rare award and only arise in certain cases. In order to recover punitive damages under Wisconsin law, you have to submit evidence that shows the defendant acted maliciously towards you or with an intentional disregard to your rights. Punitive damages serve to deter and punish outrageous behavior. If you successfully prove that you are entitled to punitive damages, you could receive up to double the amount of compensatory damages awarded in the case.

Contributory Negligence

If you are found to be contributorily negligent, your recovery will be reduced by the percentage of your negligence. Under Wisconsin law, contributory negligence either limits or completely bars recovery in your case. If you are found to be 51 percent negligent for the injuries you suffered, you will not be able to recover from any defendant(s) in the case. But, if you are found to be 30 or even 45 percent negligent in causing your injuries, you can recover a percentage from the defendant(s) in the case.

Consult an Attorney

If you suffered personal injuries as a result of the negligent or malicious behavior of another, you should contact an experienced Milwaukee personal injury attorney who will assist you in maximizing recovery and holding the proper parties accountable for your injuries.

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