Damage Caps in Personal Injury and Wrongful Death
Are there limits on how much money may be awarded in personal injury or wrongful death claims?
Believe it or not – yes! When pursuing a personal injury or wrongful death claim, one important consideration is the existence of statutory limits on the amount of money that can be awarded, which are commonly referred to as “damage caps.”
Damage caps are set by the Wisconsin legislature. Here are some examples of situations in which damage caps may apply under Wisconsin law:
- Motor vehicle accidents causing injury or death that involve a vehicle owned and operated by a municipality – Wis. Stat. §345.05(3).
- Claims involving negligent acts by an employee or officer of a government agency for acts done in their official capacity or in the course of their agency or employment (other than those involving a motor vehicle accident with a government-owned vehicle) – Wis. Stat. §893.80(3).
- Wrongful death claims – Wis. Stat. §895.04(4).
Understanding the statutory damage limits that may apply in personal injury and wrongful death cases is crucial. It’s important to consult with an experienced personal injury attorney who can properly assess what damages are recoverable and whether any statutory caps apply to your case if you’re injured or have lost a loved one due to the fault of another. Our personal injury attorneys have the specialized knowledge and experience to determine what damages you are entitled to and are ready to strategize with you to maximize your compensation. Contact us now if you’ve been injured or have lost a loved one in an accident.
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Common Questions About Damage Caps
Gain clarity on the role of damage caps in personal injury claims and how they may affect your case.
What are damage caps in personal injury cases?
Damage caps are legal limits on the amount of compensation a plaintiff can receive in a personal injury or wrongful death lawsuit. These caps can vary by state and type of damages, such as economic or non-economic losses.
How do damage caps affect my compensation?
Damage caps can limit the total amount of money you can be awarded, regardless of the severity of your injuries or losses. It's important to understand these limits when evaluating the potential outcome of your case.
Are there exceptions to damage caps?
Yes, some states have exceptions to damage caps, such as cases involving gross negligence or intentional harm. An experienced attorney can help determine if your case qualifies for an exception.
Can damage caps be challenged in court?
In some instances, damage caps have been challenged as unconstitutional. However, the success of such challenges depends on the specific legal framework of the state and the details of the case.
Do damage caps apply to all types of damages?
Typically, damage caps apply to non-economic damages, like pain and suffering, but not to economic damages, such as medical bills and lost wages. Understanding the distinction is crucial for your claim.
How can a lawyer help with damage caps?
A knowledgeable lawyer can navigate the complexities of damage caps, advocate for the maximum compensation available, and explore any potential exceptions or legal challenges to these limits.
Take the Next Step
Understanding how damage caps might affect your personal injury case is crucial. Contact us today to discuss your situation with our compassionate and experienced team. Let us help you navigate the complexities and fight for the justice you deserve.