Detailed answer — what Wisconsin law requires

Under Wisconsin law, a person injured by another’s negligence may recover economic damages that compensate for objectively measurable losses, including:

• Past medical expenses (hospital bills, doctor visits, therapy sessions already paid or billed);
• Future medical and therapy costs that are reasonably certain to be needed as a result of the injury;
• Related out‑of‑pocket costs such as prescription drugs, medical equipment, and travel for treatment; and
• Non‑economic losses (pain and suffering) and lost earnings, when supported by the facts of the case.

To recover these sums you must prove three core things at trial or to the insurer:

1. Liability: That the defendant caused the accident (breach of a duty and causation).
2. Injury and Necessity: That the medical and therapy services were needed because of the accident (medical records and provider statements are central).
3. Amount: The value of past bills and a reliable estimate of future treatment costs. For future care, courts expect a reasonable basis — typically from medical provider opinions and a treatment plan showing likely duration, frequency, and cost.

Proving future medical and therapy expenses usually requires documentation that links the ongoing needs to the accident: detailed medical records, testimony or written opinions from treating providers, and a rehabilitation or life‑care plan estimating future services and costs. Courts and insurers will examine whether the planned care is reasonable, necessary, and causally connected to the injury, not speculative.

Time limit to file: Wisconsin’s personal injury statute of limitations is important. Most injury claims must be filed within three years from the date of the injury. See Wis. Stat. § 893.54 for the governing rule on actions to recover damages for personal injury: https://docs.legis.wisconsin.gov/statutes/statutes/893/54. Missing this deadline can bar your claim, though limited exceptions can apply in some circumstances.

Health insurance, liens, and subrogation: If an insurer, Medicare, or Medicaid paid for your treatment, that payer may have a right to reimbursement (subrogation or lien) from any recovery you obtain. These claims can reduce the amount you keep from a settlement or judgment. Federal rules (for Medicare) and state programs (for Medicaid/BadgerCare) often require repayment out of a personal injury recovery, and private insurers may assert contractual or equitable liens.

Settlements and future care: When settling a claim that includes future medical or therapy needs, you should consider reserving funds specifically for future care, using a structured settlement, or including clear language in the release that protects funds for ongoing treatment. A full release signed too early can prevent later recovery for care that becomes necessary after settlement.

Comparative fault and damage reduction: Wisconsin reduces a plaintiff’s recovery by their percentage of fault. That means any award for medical and therapy expenses could be reduced proportionally if the injured person bore some responsibility for the accident.

Typical evidence that helps secure recovery for ongoing medical and therapy costs

• Complete medical records from emergency care, specialists, and therapists linking treatment to the accident;
• Itemized medical bills, receipts, and billing statements;
• Written treatment plans and prognosis from treating health care providers describing expected future care (frequency, duration, goals);
• A rehabilitation or life‑care plan prepared by treating clinicians or rehabilitation planners that estimates lifetime care costs;
• Documentation of related costs (transportation to appointments, durable medical equipment, home modifications);
• Pay records showing lost income and statements from employers about reduced earning capacity (if applicable);
• Photographs, witness statements, and accident reports that establish liability;
• Clear records of all communications with insurers and any lienholders.

Practical steps to protect recovery rights

• Seek prompt medical evaluation and follow recommended treatment. Early treatment documents the injury and supports causation.
• Keep organized records of every bill, receipt, appointment, and referral.
• Ask treating providers for written treatment plans and cost estimates for ongoing therapy.
• Notify your auto or liability insurer as required and preserve all correspondence.
• Be cautious about signing releases or accepting a quick settlement before future treatment needs are certain.
• Ask any insurance company claiming repayment for a written basis and documentation of its claim against your recovery.
• Consider consulting an attorney experienced in Wisconsin personal injury matters early — they can analyze deadlines, negotiate with insurers, and address lien/subrogation issues.

Frequently asked question (single FAQ)

Will a settlement always cover future therapy?

Not always. A settlement can include an amount for future therapy, but whether that amount is adequate depends on the evidence supporting future needs. Insurers may resist funding long‑term care unless you provide medical provider statements and cost estimates. A settlement that resolves all claims for a single lump sum can prevent later recovery for newly required care, so many people negotiate a reserve for future treatment or use a structured settlement to protect long‑term needs.

Helpful hints

• Begin documenting medical care right away — timely treatment is persuasive.
• Request written opinions and treatment plans from providers describing why therapy is needed because of the accident.
• Keep receipts for transportation and out‑of‑pocket costs tied to therapy.
• Ask insurers to put any repayment or lien claims in writing with legal basis and amounts.
• Don’t sign a general release or close a claim without confirming funds for future care, or making the release expressly limited.
• File suit before the statute of limitations runs — early consultation with counsel can protect rights and preserve options.