Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
After a motor vehicle accident in Wisconsin, calculating a fair settlement for soft tissue injuries (sprains, strains, whiplash) involves several steps: adding economic damages, estimating non-economic losses, and applying state law. Below is a step-by-step approach.
1. Calculate Economic Damages
- Medical expenses: Sum all reasonable and necessary costs for treatment (doctor visits, therapy, diagnostics). Use billed amounts or, if available, insurer’s allowed amounts.
- Lost wages: Multiply your hourly or salaried rate by time missed from work. Include lost future earning capacity if injury causes lasting impairment.
- Out-of-pocket costs: Add transportation, prescription, and assistive device expenses tied to recovery.
2. Estimate Non-Economic Damages
Non-economic damages compensate for pain, suffering, emotional distress, and diminished quality of life. Two common methods:
- Multiplier method: Apply a factor (1.5–5×) to total economic damages. Higher factors fit more severe or prolonged injuries.
- Per diem method: Assign a daily rate (e.g., $50–$200) for each day from accident through recovery, then multiply by treatment duration.
3. Adjust for Comparative Negligence
Wisconsin follows pure comparative negligence. If you bear any percentage of fault, your total award reduces by that percentage. For details, see Wis. Stat. § 895.045.
4. Consider Insurance Coverage Limits
Wisconsin law requires minimum bodily injury liability limits of $25,000 per person and $50,000 per accident (Wis. Stat. § 632.32). If your damages exceed the at-fault driver’s policy, you may seek underinsured motorist coverage or pursue a claim against other responsible parties.
5. Review Statute of Limitations
File your lawsuit before the personal injury deadline—typically three years from the accident date (Wis. Stat. § 893.43). Missing this window bars recovery in court, which can weaken your negotiating position.
6. Build a Demand Package
Present a clear settlement demand including:
- Detailed medical records and bills.
- Proof of lost income (pay stubs, employer letter).
- Diary or affidavit documenting pain levels, activities impacted, and recovery milestones.
Negotiations often start at your demand amount. The insurer may counter; adjust based on evidence strength and case law.
Helpful Hints
- Keep organized records of all treatment, bills, and correspondence.
- Photograph your injuries at regular intervals to track progress.
- Obtain a medical expert opinion on long-term prognosis if recovery extends beyond six months.
- Consult an attorney before accepting any offer to ensure it covers future costs and lost earnings.
- Consider mediation or appraisal clauses in your policy to facilitate resolution if negotiations stall.