Damages in Wisconsin

This post is the first in a series of comments explaining the concept of "damages" in a personal injury claim. Broadly defined, "damages" is the amount of money provided to someone who has been harmed by the negligence or wrongful act of another. In my personal injury practice, clients often ask what their "case is worth." Sometimes that question is asked early on in the process, other times much later. Regardless, an informed damages calculation requires not only a patient and thorough compilation of medical records and other documents necessary to prove damages, it also requires the assistance of an experienced attorney with a history of successful trial experience.

Items of damages applicable in many Wisconsin personal injury cases include:

Non-economic damages:

• Pain and suffering
• Permanent injury
• Mental trauma and emotional anguish
• Loss of enjoyment of life
• Functional disability
• Loss of consortium

Economic damages:

• Past and future medical care
• Past and future prescription medication expenses
• Loss of income or earnings capacity
• Property Damage

I have often explained to clients that in order to place a proper valuation on a personal injury claim, after the client is done treating for his/her injuries, all medical records and supporting document must be compiled and carefully examined. To ask an experienced lawyer to place a value on a claim without fully "documenting the injuries" is akin to asking a building contractor to bid on a house without first reviewing the blueprints.

My next blog entry will discuss non-economic damages.

Exercising Caution in a Construction Zone

I recently came across a tragic story of what can happen when motorists do not exercise caution while driving in a construction zone. A man was severely injured and his father killed when their SUV was crushed between two semi-trucks. Evidently, the first semi-truck came to a stop for a flagman along Highway 11. The SUV was slowing or actually came to a stop behind the first semi-truck, when a second semi-truck struck it from behind, forcing it under the first truck. The crash remains under investigation.

It is said that in Wisconsin, we have two seasons: winter and construction season. As with winter, Wisconsin drivers cannot avoid the construction season. Not only are traffic fines greatly increased for construction zone violations, but unless drivers slow down, follow posted speed limits and drive with utmost caution, the good men and women working hard to maintain our roads and other drivers, such as the individuals in the SUV, are put at serious risk of harm. Remember that while driving through a construction zone, slow down, keep a vigilant lookout and allow for more space between your vehicle and the car in front of you.