Does Wisconsin Allow Punitive Damages in Personal Injury Cases?

Does Wisconsin Allow Punitive Damages in Personal Injury Cases?

When you’re injured, you don’t want to just “get over it.” You want justice for the pain and suffering you’ve been put through. Most damages for personal injury cases, however, aren’t meant to do that. They’re meant to cover all the losses, tangible or otherwise, you’ve suffered.

As a Wisconsin resident, you do have another option: punitive damages. Unfortunately, it’s not easy to get the full compensation you need alone. Speak to a Milwaukee personal injury lawyer about your claim and what you can do about your punitive damages.

Punitive Damages in Wisconsin

Most states allow punitive damages in some cases, and Wisconsin is no exception. These damages are unique because they’re not meant to cover some loss you’ve suffered. Instead, they punish the other person for recklessness and malice. While most cases are simply acts of negligence, some claims are more serious and warrant further action.

These damages are meant as a deterrent. If people see that negligence will be punished so harshly, they’re less likely to act dangerously. So, punitive damages might be appropriate for your situation, but how do you get those damages?

Fighting for Them Isn’t Easy

Punitive damages are tough to seek. You’ll need to prove that the defendant acted in a malicious or especially negligent way, but even then, you might struggle to get those damages. For example, another person assaulted you, and you filed a personal injury claim for the damages. Proving that they injured you isn’t so hard, especially with evidence from the criminal trial.

That doesn’t mean you’ll receive those damages. Instead, the judge will also look at other factors, such as whether the defense will be able to afford those additional damages. They’ll also be capped at double the compensatory damages or $200,000, depending on which is smaller. As such, you’ll need to prepare for this issue and address it.

Get the Damages You Need

While your personal injury claim should cover all your expenses, that doesn’t always feel like enough. You didn’t just suffer from an injury. You suffered because another person injured you, and they meant it. When that happens, you deserve compensation beyond your damages.

That’s why you’ll need to contact a lawyer for your suffering. Getting your punitive damages is important, so you’ll need help seeking the full amount you deserve. Since it’s not easy to fight for these damages, however, get the help you need on your side before you begin. Protect your claim and get the full compensation you deserve when someone hurts you.

Archie Stephens

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