Caps on Pain & Suffering Damages in Wisconsin After Mayo
Wisconsin has no general cap on pain and suffering. The caps are for malpractice and government claims.
The malpractice cap
Wis. Stat. 893.55 sets the limit on total noneconomic damages for each occurrence on or after April 6, 2006 at $750,000. The Legislature found that the $750,000 limit strikes an appropriate balance between reasonable compensation and affordable, accessible health care.
Upheld in Mayo (2018)
A statutory annotation reports that the Wisconsin Supreme Court held the $750,000 cap constitutional on equal protection and due process grounds in Mayo v. Wisconsin Injured Patients & Families Compensation Fund, 2018 WI 78.
Long-term care providers
A separate section, 893.555, limits damages against long-term care providers; check it if the defendant is a nursing home or similar facility.
Claims against governments
Wis. Stat. 893.80 limits recovery against a governmental body to $50,000 per claimant, after written notice of the injury within 120 days.
Punitive damages
Wis. Stat. 895.043(6) says punitive damages may not exceed twice the compensatory damages or $200,000, whichever is greater, and the rule of joint and several liability does not apply to them.
A death case
If malpractice results in death, the wrongful death limit applies in place of the malpractice cap on the loss of society claim.
A local personal injury attorney can review your claim — many offer a free consultation.
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wisconsin's rules apply to your specific case with a licensed Wisconsin attorney.