If you have been hurt in an accident in Madison, the at-fault party may owe you compensation for your damages. This can include compensatory damages such as medical bills, lost wages, and pain & suffering. In rare cases, you may be entitled to a special type of damages known as punitive damages.
Punitive damages are not available in all personal injury cases. They are limited to very specific situations. Dive into all the details below to learn about punitive damages, including what they are and how you can recover them.
Damages are used in personal injury cases by a civil court to make the injured party whole again. Typically, these are monetary payments made to an injured party by the at-fault party. Wisconsin law generally allows for the recovery of three types of damages.
Economic damages compensate the victim for their financial losses after an accident.
Some common examples of economic damages include:
It is usually quite easy to prove the value of your economic damages. Victims typically can use medical bills, car repair estimates, or other financial documents to show the specific value of these losses.
Non-economic damages compensate victims for the physical and emotional pain they endured because of an accident.
Some common examples of non-economic damages are:
Putting a value on these intangible losses can sometimes be difficult. In many cases, the non-economic damages suffered by the victim have a higher value than their economic damages.
Punitive damages are a special type of non-compensatory damage. This means that the main purpose of these damages is not to compensate the victim for a loss but to punish the wrongdoer for their actions. Punitive damages are reserved for only the most egregious cases, and each state has its own rules on when punitive damages may be allowed.
Punitive damages are not available in all personal injury cases. In fact, they are limited to a very small portion of cases. Wisconsin law makes it somewhat difficult to recover punitive damages. These damages are only available in cases where the defendant acted with intentional disregard for the outcome of their actions, or they acted willfully, wantonly, or maliciously toward the victim.
A common scenario when punitive damages may be available is in the case of intentional torts. When a defendant intentionally causes harm to a victim, their behavior may allow for the award of punitive damages.
Some common examples of intentional torts include:
Additionally, the evidence used to prove the defendant’s conduct must be “clear and convincing.” This is a higher burden of proof than the standard preponderance of the evidence standard used in typical negligence claims.
Yes, Wisconsin law does place some caps on punitive damages. Typically, punitive damages are capped at the greater of $200,000 or twice the value of the compensatory damages in the case. An experienced lawyer can help evaluate your claim and determine whether or not punitive damages may be available and the potential value of those damages.
When determining the amount of punitive damages to award, the judge or jury should consider the:
According to Wisconsin law, the amount of damages awarded should be proportionate to the wrongdoing itself.
Wisconsin follows a modified comparative fault system, which directly impacts the amount of compensation you can recover in a personal injury case. Under this rule, your damages are reduced in proportion to your percentage of fault. For example, if you were 20% responsible for an accident and awarded $50,000, your compensation would be reduced to $40,000.
However, Wisconsin law bars recovery if you are found to be more than 50% at fault. If you’re equally or mostly to blame for the accident, you won’t be able to recover any damages.
Because fault plays such a critical role in the outcome of a claim, working with a skilled Wisconsin personal injury attorney is essential. A lawyer can help defend you against exaggerated blame and fight for the maximum compensation you deserve.
If you believe you may be entitled to punitive damages after an accident, contact the team at Eisenberg Law Offices, S.C. today. We have more than 140 years of combined legal experience standing up for the rights of injury victims, and we have a deep understanding of Wisconsin personal injury law.
We can evaluate your claim and answer all your questions about whether or not you may be able to recover punitive damages. Contact us today at (608) 256-8356 to schedule a free consultation with a Madison personal injury lawyer who is ready to get started helping you.
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