Wisconsin Personal Injury Damages - Pain, Suffering and Disability

As a trial lawyer, I have often told juries that the law cannot repair or replace an injured back, a permanent disability, a broken bone, other accident related injuries. In most cases, monetary compensation is the only form of legal relief for accident victims. In arriving at the proper amount of monetary compensation, an experienced personal injury lawyer will be able to utilize Wisconsin law for the benefit of the client. Within the context of personal injury claims, monetary compensation is referred to as "damages."

Generally, pain, suffering, disability and disfigurement damages includes any pain, suffering, humiliation, embarrassment and distress, which the injury victim has suffered as a result of the accident. Sometimes the pain is so great that a victim’s ability to enjoy the normal activities of life is diminished, allowing for additional compensation. But unlike a workers’ compensation claim where damages are set by formula and there is no remedy for pain & suffering, there are no formulas in a personal injury cases used to calculated damages for pain & suffering.

If a lawsuit has yet to be filed, the personal injury attorney must convince the insurance adjuster that the injured person deserves compensation for pain & suffering. Likewise, if the case is being argued before a jury, then the lawyer must convince the members of the jury that the plaintiff deserves to be awarded a fair and just amount of damages for pain & suffering. Whether presenting the claim to an insurance adjuster or jury, the personal injury lawyer must have a firm grasp of the client's medical history, a thorough knowledge of the medical procedures, a familiarity with the impact of pain on the client's lifestyle, as well as the experience to present the claim effectively to the insurance adjuster or jury.