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How Auto Accident Compensation Is Calculated in Wisconsin

How Auto Accident Compensation Is Calculated: Medical Bills, Lost Wages, and More

  • by Abby Mahony
  • 16 Dec 24
  • Comments (0)

The road to recovery after an auto accident can feel long and complicated. Along with the physical pain and emotional toll, the financial strain of medical bills, lost wages, and other unexpected costs can add significant stress to an already difficult situation. 

Considering that more than 1 in 5 Americans has no emergency savings (Bankrate), many people simply cannot afford to face the aftermath of a car crash alone, especially when the accident wasn’t even their fault. 

Fortunately, there are legal avenues you can take in Wisconsin. Our state allows victims to seek auto accident compensation for their damages. In other words, you can pursue a settlement that holds the at-fault driver accountable for the expenses and trauma you’ve incurred. 

At Mahony Law, our personal injury attorneys are here to guide you through every step of the claims process. We’ll help you understand what your car crash claim is worth and what kind of settlement you deserve to pursue. 

In this blog, we’ll break down the key factors that influence your car accident compensation, from medical bills and lost wages to other critical considerations. With this knowledge, you can file your car accident lawsuit with clarity, confidence, and peace of mind.

1. Medical Bills: Ensuring You’re Covered for All Expenses

Medical bills are one of the primary components of any car accident claim. These can include emergency room visits, hospital stays, surgeries, rehabilitation, physical therapy, and ongoing treatment.

With the average emergency room visit in the United States easily costing $1,500 to $3,000 (according to Bettercare), you can see how medical bills can snowball quickly, leaving victims in a poor financial situation. 

The compensation you receive for medical expenses typically reflects the actual costs you’ve incurred due to the accident. However, calculating medical damages can extend beyond just the immediate care you’ve received. 

If you require long-term treatment, your attorney will factor these future medical expenses into the calculation. For instance, if your injury requires ongoing physical therapy or future surgeries, these costs should be considered when seeking compensation.

Additionally, if your insurance company doesn’t cover the full amount, your compensation will help fill that gap. In some cases, compensation may also cover the costs of medical devices or modifications you need for daily life as a result of your car accident injury.

2. Wages: Recovering Income Losses Due to Your Injury

If the injuries you sustained in the accident prevent you from working, lost wages may be another key component of your compensation. The compensation you receive should reflect the wages you’ve lost due to your inability to work. This can include:

  • Time off work for medical appointments or treatment
  • Partial or full inability to perform job duties due to injury
  • Diminished earning capacity if the injury permanently impacts your ability to earn at the same level

Your attorney will work to make sure that all of your lost wages—both present and future—are accounted for in your car accident settlement. To do this, you’ll need to gather documentation such as pay stubs, tax returns, and a letter from your employer detailing missed hours and wages, as these will help substantiate your claim with your insurance company.

3. Pain and Suffering: A Critical Emotional and Physical Consideration

While medical bills and lost wages are easier to calculate, pain and suffering are more subjective in the eyes of your insurance company. How do you put a number on these intangible damages? 

When we say “pain and suffering,” we’re referring to the physical and emotional distress caused by the accident and resulting injuries. This could include:

  • Physical pain from injuries
  • Emotional distress, such as anxiety, depression, and PTSD
  • Loss of quality of life, including the inability to participate in normal activities you once enjoyed

This non-economic type of compensation is often determined by a number of factors, including the severity and permanency of your injuries, as well as the impact those injuries have had on your daily life. 

To learn how to calculate the monetary value of your pain and suffering, reach out to our team. We’ll help you understand how to seek compensation for non-economic damages like these. 

4. Property Damage: Compensation for Vehicle Repair or Replacement

In addition to your personal injury claims, compensation may also cover the repair or replacement of your vehicle. If the accident resulted in substantial damage to your car, the cost of repair—or the value of the vehicle if it’s totaled—should be factored into your compensation. 

Your auto accident law firm will help assess whether any compensation is owed for the damage to your vehicle, including loss of use if you had to rely on rental cars during repairs.

5. Other Damages: Emotional Distress, Loss of Consortium, and More

Beyond the four we just discussed, there are other potential forms of compensation available that depend on the specifics of your car accident claim. These may include:

  • Emotional distress for the mental strain caused by the accident and recovery process.
  • Loss of consortium, which compensates for the negative impact an injury may have on personal relationships, particularly between spouses.
  • Punitive damages may also apply if the responsible party’s actions were grossly negligent or reckless.

The typical car accident settlement in Wisconsin can vary widely based on the severity of the injuries, the extent of property damage, and other unique factors in your case. The best way to understand what’s available to you is to work with an experienced personal injury attorney, right from the start. 

How an Attorney Will Help Maximize Your Compensation

The process of calculating car accident compensation can be complicated, especially when it involves ongoing medical treatment or long-term impacts on your ability to work. To make sure things are organized and accurate, keep your attorney in the loop at all times. They’ll ensure all of your damages are accurately assessed and accounted for.

At Mahony Law, our Wisconsin-based team will carefully review your medical records, employment documents, and other relevant pieces of information to ensure you receive compensation for both your economic and non-economic losses. This isn’t a place where we cut corners or make assumptions. 

With a deep understanding of personal injury law, we will also help negotiate with your insurance company to confirm you aren’t shortchanged during this challenging time.

Why It’s Important to Act Quickly

The sooner you take action following an auto accident, the better. Evidence can disappear over time, and insurance companies may delay or deny claims. Additionally, the at-fault driver may take steps to negate your claim or diminish their responsibilities. 

In Wisconsin, the statute of limitations for filing a personal injury lawsuit (including a car accident claim) is generally three years from the date of the event. Although this timeline can vary depending on the specifics of your case, missing this deadline could mean forfeiting your right to pursue compensation altogether.

Don’t leave your rights and compensation to chance—team up with an experienced auto accident law firm that will fight tirelessly to secure the maximum settlement for your circumstances. 

Get Legal Support for Your Car Accident Case 

At Mahony Law, we are committed to advocating for car accident victims in Milwaukee, Kenosha, and beyond. If you’ve been injured in an auto accident, let our auto accident law firm help you navigate the complexities of compensation in Wisconsin. 
Contact us today for a free consultation. We’ll discuss your car accident injuries, medical expenses, and other damages, then advise you on the best path forward.

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Abby Mahony

Abby is the founder of Mahony Law and devotes her time to representing people who have been seriously hurt due to the negligence of others. Abby has handled injury cases of all types, including birth injury, wrongful death, automobile accidents, motorcycle accidents, pedestrian accidents, and truck accidents.

Previous Article: 10 Important Things to Do Immediately After an Auto Accident in Wisconsin
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Areas of Practice

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Recent Posts

  • Proving Negligence in Motorcycle Accidents: Evidence Your Lawyer Will Need
  • Injured in a Pedestrian Accident? 5 Reasons You Need a Lawyer on Your Side
  • How to Prove Medical Negligence in Severe Birth Injury Cases
  • Common Injuries in Motorcycle Accidents and How They Affect Legal Claims in Wisconsin

Our Wisconsin personal injury law firm has a true passion for helping people. Allow Mahony Law to pursue justice for you and your family after an injury or accident.

Areas of Practice

  • Car Accident
  • Wrongful Death
  • Uber/Lyft Accidents
  • Motorcycle Accidents
  • Work Injury
  • Slip and Fall
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  • Pedestrian Accidents
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    WI 53142
  • Email: info@mahony-law.com
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