When you or a loved one is injured due to another’s negligence, you may be entitled to damages for your injuries from the negligent party.
Typical damages include compensation for medical bills, lost income, hospital costs, and pain and suffering.
In some cases, you may be entitled to punitive damages in a personal injury action. The purpose of punitive damages is to punish the wrongdoer, or the defendant, from his or her bad behavior in causing your injuries. Punitive damages also are meant to send a message to others in order to deter them from similar behavior.
However, Wisconsin law limits the availability of punitive damages for injured persons in personal injury cases. You only are eligible for punitive damages if you can provide evidence that the defendant acted maliciously or with intentional disregard of the injured party’s rights. When you are seeking punitive damages, you also may want to provide evidence about the defendant’s financial means or ability to pay punitive damages.
A judge or jury makes a decision about whether to award punitive damages separately from the rest of your personal injury claim. If the court does decide to award punitive damages, the amount of those damages cannot be more than double the amount of compensatory damages or $200,000, whichever is greater.
However, these limits may not apply in certain types of drunk driving cases. When you or a family member suffers serious injuries from a slip and fall or any other type of accident, and another’s negligence caused the accident, you may have a personal injury claim under Wisconsin law.
Whether or not you are entitled to punitive damages is a fact-specific inquiry that only an experienced personal injury attorney can determine.
Meeting with a personal injury lawyer is the first step toward getting the compensation that you deserve for the injuries that you have suffered.
If you have questions about personal injury cases, check out our commonly asked questions post here. You can also call Boller & Vaughan at (608) 268-0268, or contact us online in order to set up an appointment with one of our Madison personal injury attorneys, and see what we can do for you.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
