Future Damages in Wisconsin
In Wisconsin, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
3 years
Filing Deadline
At-Fault
Auto System
Types of Future Damages in Wisconsin
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Wisconsin allows recovery of future non-economic damages under modified comparative fault (51% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Wisconsin Injury Law
Wisconsin applies modified comparative fault with a 51% bar. The statute of limitations is 3 years, with tolling for minor plaintiffs. Wisconsin does not require no-fault PIP insurance. Wisconsin's dairy farming, manufacturing, and tourism sectors generate distinctive personal injury claims. Milwaukee and Madison courts handle significant personal injury caseloads. Wisconsin has no general cap on noneconomic or punitive damages for most personal injury cases. Wisconsin's comparative fault statute applies to all negligence and strict liability claims, including product liability cases. Medical malpractice in Wisconsin is subject to a separate 3-year limitation period under Wis. Stat. § 893.55 and requires an expert report at filing. Wisconsin's Injured Patients and Families Compensation Fund provides a second layer of recovery for medical malpractice patients beyond individual physician coverage. Wisconsin courts follow the Daubert standard for expert testimony. Workers' compensation is the exclusive remedy for workplace injuries under the Wisconsin Worker's Compensation Act.