We hear mva pain and suffering, and we think different things. In a Wisconsin auto accident case, pain and suffering is one of the three general types of damages or losses recoverable, the others being loss of earning capacity and medical expense. As with the other two, pain and suffering can be for the past and for the future.
The insurance company or jury considers the physical pain and suffering accompanying a bodily injury when determining the plaintiff’s losses. Jones v. Fisher, 42 Wis. 2d 209, 215, 166 N.W.2d 175 (1969). It is appropriate for the jury to include in its consideration the plaintiff’s pain and suffering at the time of the injury and from the time of the injury to the time of the trial, as well as the pain and suffering the plaintiff can prove he or she is reasonably certain to experience in the future. Spicer v. Chicago & Nw. Ry., 29 Wis. 580, 585 (1872).
WJIC 1766
What sum of money will fairly and reasonably compensate the injured driver or passenger for past pain, suffering, and disability or disfigurement.
Your answer to this question should be the amount of money that will fairly and reasonably compensate him or her for the pain, suffering, and disability or disfigurement he or she has suffered from the date of the accident up to this time as a result of the accident. Pain, suffering, and disability and disfigurement includes any physical pain, humiliation, embarrassment, worry and distress which the person has suffered in the past. You should consider to what extent his or her injuries impaired his or her ability to enjoy the normal activities, pleasures, and benefits of life.
WJIC 1767
What sum of money will fairly and reasonably compensate the injured for future pain, suffering, disability and disfigurement. If you are satisfied that he or she will endure pain, suffering, and disability, or disfigurement in the future as a result of the accident, you will insert as your answer to this question the sum of money you find will fairly and reasonably compensates.
Pain, suffering, disability, and disfigurement includes:
• physical pain
• worry
• distress
• embarrassment
• humiliation
You should consider the following factors:
• the extent injuries have impaired and will impair ability to enjoy the normal activities, pleasures, and benefits of life;
• the nature of injuries;
• the effect the injuries are reasonably certain to produce in the future
bearing in mind the age, prior mental and physical condition, and
the probable duration of his or her life.
In Milwaukee, Wisconsin McCormick Law Office recovers mva pain and suffering awards for persons injured in car accidents.
