WI
Head & brain settlements
in Wisconsin.
When a tractor trailer rear ended a minivan stopped at a red light, one passenger suffered a traumatic brain injury and a 15 year old was left quadriplegic. The truck’s insurer paid late and owed $684,499.14 in interest. In a birth injury case, a family won a new trial after the jury was misinstructed.
Facts that decide a head & brain claim in Wisconsin
| Interest on slow payment | An insurer that delays paying a third party claim can owe 12 percent simple interest when liability is clear, the amount is a sum certain, and it has written notice of both.Wis. Stat. § 628.46, as applied in Kontowicz v. American Standard (Wis. 2006) |
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| Choice of treatment instruction | A jury should not be told a doctor is not negligent for choosing between alternative methods when the claim is about how the doctor carried out care, not which method she chose.Barney v. Mickelson (Wis. Ct. App. 2019) |
| Brain injury from malpractice | Noneconomic damages for a brain injury caused by medical malpractice are capped at $750,000.Wis. Stat. § 893.55, upheld in Mayo (Wis. 2018) |
| Deadline to sue | Three years for personal injury actions; a claim filed later is barred unless a tolling rule applies.Wis. Stat. § 893.54, as applied in Donaldson v. West Bend Mutual Insurance (Wis. Ct. App. 2009) |