After sustaining personal injuries as a result of another person’s negligence, you will hear a lot about compensations and damages, but there’s this whole iceberg under the waterline that doesn’t always get enough sunshine—non-economic losses.
These are those invisible wounds; they don’t have price tags like medical bills do, but they surely weigh heavily on your spirit. This guide focuses exclusively on uncommon damages, which can have a huge significance on the outcome of your case, so keep reading to learn more.
What Is Pain and Suffering in Personal Injury Law Context
Pain and suffering after an accident encompasses more than just physical pain; it stretches over to mental anguish, loss of enjoyment in life’s activities, and even anxiety about your future.
These intangible losses are part of the broader realm we call non-economic damages because they don’t come with receipts, but sure pack a punch in their effects. Apart from pain and suffering, these other damages include emotional distress and also loss of companionship.
Putting A Figure on Pain and Suffering
Since pain and suffering are intangible, putting a dollar figure on them can be challenging. However, in legal landscapes, two main methods are commonly used: the Per Diem approach and the Multiplier method.
The Per Diem Method
Think of this option as charging a daily rate for your troubles. You assign a specific dollar amount for each day you’re affected by your injury until you’ve fully recovered. Let’s say you consider your daily suffering worth $200, and it drags on for 150 days—that brings you to a $30,000 total in non-economic damages.
The Multiplier Method
This option ties into your tangible costs—your medical bills and lost earnings get multiplied by a number (from 1-5) that reflects the severity of your suffering. For instance, if your actual expenses come to $10,000 and the multiplier used is 3 (due to considerable hardship), then pain and suffering could be valued at $30,000.
Navigating Caps on Non-Economic Damages in Wisconsin
In the world of personal injury claims in Wisconsin, you’ll find a sort of mixed bag when it comes to caps on non-economic damages. For general claims—think typical slips and falls or car accidents—there’s good news: no caps whatsoever.
However, cases against government entities have their limits: $250,000 for state claims and a strict $50,000 for municipalities. In the realm of medical malpractice, there’s a $750,000 ceiling.
Here’s an interesting twist: juries aren’t always told about these caps. They might award you sky-high damages only for the judge to dial it back significantly due to statutory limits, which can feel like the rug is pulled out from under you just as victory is in your grasp.
A Lawyer’s Role in Maximizing Pain and Suffering Recovery
You do not have to have a lawyer when navigating a personal injury claim. However, not having a lawyer is not such a wise idea, as your chances of receiving fair compensation will be significantly diminished.
Think of your lawyer as the seasoned captain of your recovery ship, especially when navigating the choppy waters of pain and suffering claims. They skillfully spotlight every shadowed aspect of your non-economic losses, ensuring that emotional duress and life’s diminished pleasures get their due recognition in court.
When picking a Kenosha car accident lawyer, look for one who not only has a sturdy track record but also resonates with you on a personal level.