Detailed Answer
In Wisconsin, travel expenses for medical appointments in a personal injury case qualify as special damages. To recover these costs, follow these key steps:
- Document Your Trips – Keep a detailed mileage log that includes dates, purpose of trip, starting point, destination, and total miles. Retain receipts for gas, tolls, parking, and other transportation costs.
- Calculate Your Mileage Rate – Use the IRS standard mileage rate or actual expenses. See IRS Revenue Procedure 2022-14 for current rates.
- Prepare an Itemized Statement of Special Damages – Under Wis. Stat. § 807.01(4m), serve a sworn, itemized statement of special damages, including travel expenses, typically within 45 days after demand or responsive pleadings.
- Produce Evidence in Discovery – Respond to interrogatories and document requests by providing your mileage logs, receipts, and any correspondence related to travel costs.
- Present Evidence at Hearing or Trial – Introduce your logs, receipts, and statement of special damages as evidence of actual out-of-pocket travel expenses.
- Include Travel Costs in Settlement Negotiations – In settlement demands, list travel expenses with supporting documentation to justify your total claim.
Following these steps helps ensure that your travel expenses are properly documented and recoverable under Wisconsin law.
Helpful Hints
- Maintain original receipts and records of each trip.
- Use a dedicated mileage logbook or smartphone app for accuracy.
- Update your itemized statement promptly when new appointments occur.
- Check the current IRS mileage rate each year to adjust your calculations.
- Discuss any unusual costs (e.g., lodging or long-distance travel) with your attorney early.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact a qualified attorney for advice tailored to your situation.