An Overview of Pain and Suffering Claims in Minnesota and Wisconsin

If you were hurt in an accident that wasn't your fault, you may be entitled to more than reimbursement for your medical bills. You may also qualify for pain and suffering compensation.

Pain and suffering covers the physical pain, emotional distress, and loss of enjoyment of life that can follow a serious injury. Sleepless nights, difficulty getting back to work, anxiety about your recovery; these experiences can be part of your claim.

The rules for qualifying depend on whether you were injured in Minnesota or Wisconsin.

Here's what you need to know.

Pain and Suffering Claims in Minnesota

To make a claim for pain and suffering against an at-fault driver or their insurance company in Minnesota, the following must be true:

• The at-fault driver is at least 50% responsible for the accident. (If you are partially at-fault, your compensation will be reduced by your percentage of negligence.)
• You meet one or more of the following thresholds:
  • You’ve incurred more than $4,000 in medical expenses that are reasonable, necessary, and related to the accident (this doesn’t include charges for diagnostic studies such as X-rays, MRIs, or CT scans).
  • You sustained a permanent injury.
  • You sustained a 60-day disability (doesn’t have to be consecutive).
  • You sustained a permanent disfigurement.
  • You are presenting a claim on behalf of someone who has died.

• You must file your lawsuit within the statute of limitations, which is six years from the date of the accident, unless you are under the age of 18. Make sure to know the process/timeline for a personal injury claim and what common things may delay it.

In Minnesota, the minimum amount of liability coverage that all vehicle owners must carry is $30,000 per person and $60,000 per accident. If you are presenting a claim against an individual, the lawsuit should only name that individual, not their insurance company. If the at-fault person has no insurance, you can bring a claim against your own insurance company, which is called an uninsured motorist claim.

Pain and Suffering Claims in Wisconsin

To make a pain and suffering claim In Wisconsin, the following must be true:

• The at-fault driver is at least 50% responsible for the accident. (If you are partially at-fault, your compensation will be reduced by your percentage of negligence.)

• The statute of limitations is three years from the date of the accident, unless you are under the age of 18.

Wisconsin doesn’t set thresholds regarding medical expenses or disability when presenting a pain and suffering claim.

In Wisconsin, the minimum amount of liability coverage that all vehicle owners must carry is $25,000 per person and $50,000 per accident. To begin a lawsuit, you must name both the at-fault driver and their insurance company. If the at-fault driver has no insurance, you can claim for uninsured motorist benefits under your own policy.

How Minnesota and Wisconsin Compare

No-Fault System

One big difference between Minnesota and Wisconsin is that Minnesota law has a “No-Fault” system, which entitles most people injured in an auto accident to personal injury protection (PIP) benefits–usually up to $20,000 for medical bills and a separate $20,000 for lost wages.

Wisconsin doesn't require drivers to carry PIP coverage, and most policies that do carry this type of coverage only cover up to $10,000 for medical bills and nothing for lost wages.

Wisconsin insurance companies can recover their payments from the at-fault driver and their insurance company. In Minnesota, PIP payments are not recoverable unless the accident was caused by a commercial vehicle.

Mental Health Coverage

Pain and suffering compensation can also cover emotional and mental health issues. Emotional distress, including anxiety, depression, trouble sleeping, and loss of enjoyment of daily life, can also be part of your claim.

These issues are harder to document than a medical bill, but they still count. To help support this part of the case, you should keep notes on how your symptoms affect you each day, along with records from your doctor or a mental health provider.

Pain and suffering case law can be challenging to navigate. Victims often get confused about the distinctions between states, especially if they frequently travel between Minnesota and Wisconsin.  Always contact an attorney who knows the laws in whichever state you were injured in.

Aaron Ferguson Law has attorneys who are licensed in both Minnesota and Wisconsin. If you or a loved one has been injured in either state, our experienced personal injury attorneys are here to help.