When you are in a car accident, the financial losses you can count on a spreadsheet, medical bills, car repairs, and missed paychecks, are only part of what you actually lost. Physical pain, emotional distress, anxiety, and a diminished ability to enjoy daily life are real losses too. Under Wisconsin law, they are also compensable, though collecting fair payment for them is rarely straightforward.
If you are dealing with accident-related pain and suffering and are unsure whether your insurance will cover it, the Wisconsin car accident attorneys at Pemberton Personal Injury Law Firm can walk you through your options and pursue the full compensation you are owed.
What “Pain and Suffering” Includes Under Wisconsin Law
Pain and suffering is a legal category covering the non-economic consequences of an injury. It encompasses physical discomfort from the injury and its treatment, emotional distress including anxiety and depression, post-traumatic stress disorder, loss of the ability to engage in activities you previously enjoyed, and the ongoing impact of permanent disability or disfigurement. These are genuine, measurable effects on a person’s life, and Wisconsin courts recognize them as compensable losses alongside economic damages.
Will Car Insurance Pay for Pain and Suffering?
The answer depends on which insurance company you are dealing with and how your claim is structured. If another driver caused the accident, their liability coverage may include your pain and suffering as part of a third-party claim. If that driver was uninsured or underinsured, your own uninsured motorist coverage may apply depending on your policy terms. Personal injury protection coverage typically does not cover non-economic damages.
The practical challenge is that insurance companies do not calculate pain and suffering the way your attorney does. Insurers use internal formulas designed to minimize payouts. Accepting an insurer’s initial calculation without legal representation almost always produces a lower result than you are entitled to receive.
How Pain and Suffering Damages Are Calculated
Two methods are commonly used in Wisconsin personal injury cases. The multiplier method takes your total economic damages and multiplies that figure by a number reflecting the severity of your injuries, typically between 1.5 and 5. A more disabling injury produces a higher multiplier. The per diem method assigns a daily dollar value to your pain and suffering and multiplies it by the number of days you have been affected.
Both methods are starting points, not conclusions. The final amount depends on the strength of your documentation, the quality of your medical records, and how effectively your attorney presents the full impact of your injury.
Documentation That Supports a Pain and Suffering Claim
Strong documentation makes the difference between a fair settlement and a lowball offer. Your attorney will advise you to:
- Maintain detailed medical records and follow your treatment plan consistently
- Keep a personal journal describing daily symptoms and their impact on your life
- Obtain supporting statements from treating physicians and mental health professionals
- Document how the injury has affected your ability to work, exercise, and care for your family
The Wisconsin court system treats non-economic damages as a serious element of personal injury claims, and the evidence you gather will matter significantly at the negotiating table and in any courtroom proceeding.
Wisconsin’s Modified Comparative Fault Rule
If you shared some responsibility for the accident, Wisconsin’s comparative fault statute under Statute 895.045 reduces your recovery proportionally. As long as you were 50 percent or less at fault, you can still collect pain and suffering damages alongside economic losses. Your attorney will push back against any attempt by the insurer to inflate your fault percentage as a tactic to reduce what they owe you.
Contact Pemberton Personal Injury Law Firm
Pain and suffering claims require persistence and experience to handle well. Insurance companies do not pay their full value without a fight, and the complexity increases when multiple types of coverage are involved or when liability is disputed.
Contact Pemberton Personal Injury Law Firm to discuss your case at no cost. Fill out our online contact form to schedule a free consultation with a Wisconsin personal injury attorney today.
