What Are Non-Economic Damages?

Non-economic damages are compensation for the personal, physical, and emotional effects of an injury that do not have a specific dollar value. In a Wisconsin personal injury case, they can include pain and suffering, emotional distress, disability, loss of enjoyment of life, and certain losses involving close family relationships. Wisconsin law expressly recognizes many of these losses as forms of non-economic harm in certain contexts.

Unlike medical bills or lost wages, non-economic damages cannot usually be calculated by adding up receipts or pay statements. Instead, their value depends on the nature of the injury and the extent to which it has affected the injured person’s life.

What Is the Difference Between Economic and Non-Economic Damages?

Personal injury damages are commonly divided into economic and non-economic losses.

Economic damages compensate for financial losses that can generally be documented, such as:

• Medical expenses
• Rehabilitation costs
• Lost wages
• Reduced earning capacity
• Future medical care
• Other accident-related expenses

Non-economic damages address losses that are more personal and subjective. They compensate an injured person for the effects of an accident on their health, comfort, relationships, independence, and quality of life.

For example, two people might incur similar medical bills after an accident but experience very different long-term consequences. One may recover completely, while the other may experience chronic pain and limitations for years. Non-economic damages allow those individual effects to be considered.

What Types of Non-Economic Damages Can Be Available?

The non-economic damages available depend on the facts and type of claim. Wisconsin law has identified losses such as pain and suffering, humiliation, embarrassment, worry, mental distress, loss of enjoyment of normal activities, and impairment of physical or mental health as forms of non-economic harm.

Common examples in personal injury cases can include:

• Physical pain and suffering: Compensation for physical discomfort caused by the injury and its treatment.
• Emotional distress: The psychological and emotional effects associated with an injury.
• Loss of enjoyment of life: An injury may prevent someone from participating in hobbies, recreation, family activities, or other parts of life they previously enjoyed.
• Disability and physical limitations: Permanent or long-term impairments may affect mobility, independence, and everyday activities.
• Disfigurement: Scarring or other permanent changes to a person’s appearance may contribute to their non-economic losses.
• Loss of consortium: In appropriate cases, a spouse may have a derivative claim based on the effect an injury has on the marital relationship. Wisconsin courts recognize loss of consortium as a category of damages.

The damages available in any particular case depend on the applicable law and supporting evidence.

How Are Pain and Suffering Damages Calculated?

There is no single formula that determines the value of pain and suffering in every Wisconsin personal injury case. Because these losses do not come with invoices, their value must be determined based on the evidence and circumstances surrounding the injury.

Factors that may be relevant include:

• The nature and severity of the injuries
• How painful the injuries and medical treatment were
• The length of the recovery period
• Whether symptoms are expected to continue
• Whether the person has permanent limitations or disabilities
• How the injuries affect work and everyday activities
• Whether the person can continue participating in hobbies and recreation
• The impact on personal and family relationships

Medical records, testimony, photographs, expert opinions, and other evidence may help demonstrate these effects. Wisconsin cases show that juries may separately evaluate damages such as medical expenses, pain, suffering, and disability based on the evidence presented.

Does Wisconsin Cap Non-Economic Damages?

Wisconsin does not apply a universal cap on non-economic damages to every type of personal injury case. However, statutory limits can apply to certain claims, so the type of case matters.

For example, Wisconsin has specific statutory provisions governing non-economic damages in medical malpractice actions. These provisions address compensation for losses, including pain and suffering, mental distress, disability, loss of enjoyment of life, and loss of consortium.

Wisconsin also has separate rules governing damages for loss of society and companionship in wrongful death cases. Because specialized statutory rules can significantly affect the damages available, an injured person should not assume that the same limits apply to every negligence claim.

Can Your Own Fault Affect Your Non-Economic Damages?

Yes. Wisconsin follows a modified comparative negligence system. This means an injured person’s share of responsibility for an accident can affect the amount they ultimately recover.

When comparative negligence applies, recoverable damages can be reduced according to the injured person’s percentage of fault. If the injured person’s negligence is so severe that it prevents recovery under Wisconsin’s comparative negligence rule, they may be unable to recover damages from the person against whom recovery is sought.

This principle can affect both economic and non-economic damages. As a result, determining fault can be just as important as documenting the extent of the injury.

How Can You Prove Non-Economic Damages?

Strong evidence can help demonstrate how an injury has changed someone’s life. Medical records may establish the severity and duration of symptoms, while testimony can explain limitations that may not be obvious from medical bills alone.

Useful evidence can include treatment records, photographs of injuries, medical opinions concerning permanent limitations, and testimony from the injured person or people familiar with their life before and after the accident.

Consistency can also matter. Following recommended medical treatment and accurately describing symptoms can create a clearer record of how an injury developed and affected daily life.

Contact PKSD To Discuss Non-Economic Damages After an Accident in Milwaukee, WI

Non-economic damages can represent a significant part of a personal injury claim when an accident causes lasting pain, disability, emotional distress, or changes to your quality of life. Determining their value requires examining how the injury has affected you personally, not simply totaling your financial expenses.

If you were injured in Milwaukee, Wisconsin, due to someone else’s negligence, PKSD can help you understand the damages that may be available to you. Contact us today at (414) 333-3333 to schedule a free consultation with a Milwaukee personal injury lawyer and learn more about your legal options.