If you are injured because of someone else’s negligence in Wisconsin, most personal injury cases do not have caps on economic or non-economic damages. However, Wisconsin law does limit certain types of compensation in specific cases, including medical malpractice claims, lawsuits against government entities, and punitive damages.
Understanding when damage caps apply can help you better evaluate the potential value of a personal injury case.
Wisconsin does not apply the same damages limits to every type of personal injury claim. Whether a cap applies depends on the nature of the case and, in some situations, the party being sued.
Key rules include:
Because different rules apply to different types of claims, the applicable damages limits should be evaluated based on the specific circumstances of the case.
No. Wisconsin generally does not cap economic or non-economic damages in ordinary personal injury cases.
If you are injured in a car accident, truck accident, slip and fall, dog bite, or another negligence-related incident, Wisconsin law does not place a statutory limit on most damages.
This can include compensation for:
Instead, compensation is based on the facts of each case, including the severity of the injury and the evidence supporting the claimed losses.
Wisconsin caps non-economic damages in medical malpractice cases.
Under Wis. Stat. § 893.555, non-economic damages in medical malpractice actions are generally limited to $750,000.
This cap applies to damages such as:
Economic damages, including medical bills and lost income, are not subject to this statutory cap.
Yes. Claims against many Wisconsin governmental entities are generally subject to statutory damage limits.
Under Wis. Stat. § 893.80, recovery against many state and local governmental bodies is generally limited to $250,000 per occurrence, although the specific cap and applicable procedures can vary depending on the entity involved.
Claims against government agencies often involve additional legal requirements, including:
Because these claims follow different legal rules than most personal injury lawsuits, determining whether a damage cap applies often requires careful legal analysis.
Punitive damages are available only in limited circumstances and are subject to statutory limits.
Unlike compensatory damages, which reimburse an injured person for losses, punitive damages are intended to punish particularly egregious conduct.
Under Wis. Stat. § 895.043, punitive damages generally cannot exceed:
Punitive damages are not available in every personal injury case. Wisconsin law generally requires clear and convincing evidence that the defendant acted maliciously or intentionally disregarded the rights of the injured person.
No. Most Wisconsin personal injury cases do not have a cap on pain and suffering. An exception applies to medical malpractice claims, where non-economic damages are generally capped at $750,000.
No. Wisconsin does not cap economic damages, such as medical expenses, lost wages, or future medical care, in standard personal injury cases.
No. Punitive damages are available only in limited circumstances and are subject to the limits established by Wis. Stat. § 895.043.
The applicable cap depends on the government entity and type of claim. For example, tort claims against many local governmental entities are generally subject to a $50,000 limit, while certain claims involving state officers or employees and qualifying municipal motor-vehicle accidents may be subject to a $250,000 limit. Government claims can also involve special notice and procedural requirements.
Understanding Wisconsin’s damage cap laws is only one part of evaluating a personal injury claim. Determining which statutes apply—and whether any limitations affect your case—often depends on the specific facts and the parties involved.
Attorney Steve Eisenberg and the legal team at Eisenberg Personal Injury Lawyers have 140 years of combined experience and have recovered over $100 million for victims throughout Wisconsin. If you have questions about how damage caps may affect your claim, speaking with an experienced attorney can help you better understand your legal options.
For more information, contact our experienced Wisconsin personal injury attorneys to schedule a free consultation today.
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