WE RESPOND TO YOUR NEEDS 414-271-1440
Strategic Litigation for Getting Around Statutory Damage Caps in Wisconsin
If you are reading this blog, you probably have already suffered significant harm. Maybe you lost your business, suffered serious injuries, or are dealing with serious partnership disputes. But when you talk to lawyers about suing, you learn that Wisconsin law caps your damages at an amount far below what you actually lost.
These statutory damage caps may seem to prevent you from recovering fair compensation, and sometimes they do; but often, the reality is more complex. A good, thoughtful attorney may be able to structure your case to avoid or minimize damage caps through creative legal strategies.
The difference between recovering what the law says you can get versus what you really need often comes down to which legal theory your lawyer chooses. Our Milwaukee civil litigation and trial attorneys can review your case with you and help you explore your options.
What Are Statutory Damage Caps in Wisconsin?
Wisconsin law limits damages in certain types of cases. These caps restrict how much you can recover, regardless of your actual losses. The legislature created these limits to protect government entities, medical providers, and other defendants from large judgments.
For example, claims against government entities face strict caps under Wisconsin Statute Section 893.80. You can generally recover no more than $50,000 per person or $300,000 per incident when suing state or local governments. These caps apply to most negligence claims against cities, counties, school districts, and other governmental bodies.
Medical malpractice cases have caps on non-economic damages as well. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. The cap adjusts periodically for inflation but significantly limits recovery in serious injury cases.
Punitive damages also face caps under Wisconsin law. These damages, meant to punish particularly bad conduct, cannot exceed twice your compensatory damages or $200,000, whichever is greater.
How Can a Good Attorney Avoid Wisconsin Damage Caps?
Smart lawyers analyze each case to identify theories that provide maximum recovery. Sometimes the obvious claim is not the best claim.
For example, contract claims often avoid damage caps that apply to tort claims. If your attorney can successfully argue that a government entity or other defendant has a contractual relationship with you, breach of contract might be the right approach because contract damages are not subject to the same caps as negligence claims.
For example, easement agreements create contractual obligations. If a government entity violates terms of an easement, suing for breach of contract rather than negligence avoids the governmental immunity caps. The damages flow from breach of the agreement, not from negligent conduct. This distinction can mean recovering hundreds of thousands more.
Likewise, property rights violations can be framed as takings claims under the Fifth Amendment or Article I, Section 13 of the Wisconsin Constitution. When government action effectively takes your property or substantially interferes with your property rights, just compensation is required. Takings claims are not subject to the damage caps that general claims against the government are.
Civil rights violations also provide federal claims that bypass state damage caps. When government officials violate your constitutional rights, federal law allows recovery without the limits that apply to state law negligence claims.
Intentional torts like fraud, intentional misrepresentation, or intentional interference with contracts avoid certain damage caps unless they are brought against the government. These claims require proof of intentional wrongdoing rather than mere carelessness, but they also open pathways to full compensation not available under negligence theories.
When Does it Make Sense to Try to Avoid Statutory Damage Caps?
Not every case benefits from creative legal theories. Sometimes the straightforward claim is the best option. But it might make sense to consider alternative theories when your damages significantly exceed applicable caps. If you lost $300,000 but face a $50,000 cap, finding a different legal path is worth the effort. The potential gain justifies the additional complexity.
Alternative theories may also make sense when you have evidence supporting multiple claims. If the facts show both negligence and breach of contract, pursuing the contract claim might avoid damage caps while still fitting the evidence. The key is that the alternative theory must be legitimate and supported by the facts.
Government defendants particularly warrant strategic analysis. The governmental immunity caps are among the most restrictive in Wisconsin law. Cases against cities, counties, school districts, or state agencies deserve careful examination for contract claims, takings theories, or civil rights violations that bypass these caps.
Even if you think you may only be able to pursue damages under one type of civil case, you should talk to an experienced civil litigation attorney with Gimbel, Reilly, Guerin & Brown, LLP. You may be surprised by the creative options our firm can come up with.
How Do You Find a Great Civil Litigation Attorney?
Not all attorneys have the experience or creativity to identify and pursue alternative legal theories. Finding the right lawyer for cases involving damage caps requires research and asking the right questions.
Look for an attorney with extensive civil litigation experience. Lawyers who have handled many cases develop pattern recognition. They have seen similar situations before and know which strategies work.
Ask about specific results in similar cases with damage caps. Attorneys who have successfully navigated around caps can point to concrete examples. They can explain what theories they used and why those theories worked. If a lawyer cannot articulate past strategic victories, they might not be the right fit for your complex case.
Our top-rated attorneys have strong reputations and proven track records of creative problem-solving. Our peer recognition, client reviews, and professional accolades demonstrate that we go above and beyond for our clients.
Call a Milwaukee, WI Civil Litigation Attorney Today
Our highly-rated and highly-experienced Milwaukee, WI civil litigation lawyers have extensive experience identifying creative legal theories that work around statutory damage caps. We have successfully recovered substantial compensation for clients by structuring cases strategically.
When your losses exceed statutory limits, you need attorneys who think beyond obvious claims and fight for maximum recovery. Call Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 today.
