What Does "Damages" Mean In Personal Injury?

Summertime in Wisconsin is perfect for enjoying time on the water. Whether you are setting sail on a family-friendly pontoon, fishing boat, or old canoe, a day on the lake just can’t be beaten.

However, there are safety risks involved with boating. Speeding, negligence, drinking, and inexperience are all common causes of boating accidents in Wisconsin. In this post, we want to share a few tips to help you stay safe on the water this summer.

How to Stay Safe While Boating in Wisconsin

Wearing a life jacket - According to the U.S. Coast Guard, 80% of boating accident deaths could be avoided by wearing life jackets. When a boating accident occurs, you have limited time to stretch and get your stowed life jackets. Therefore, it is advisable to ensure that you and everyone on board has a life jacket while boating.
Avoid drinking alcohol - Alcohol consumption while boating is illegal and endangers the lives of everyone on board. Remember that intoxicated swimmers and passengers are also more likely to drown.
Be weather-wise - Whether you are operating a boat during the summer, spring or fall season, always consider carrying a radio and watching out for the weather. Sometimes, wind shifts and choppy water can be telltale signs of a brewing storm. Get to shore as soon as you realize the weather is about to change.
Don’t overload the boat - It’s essential to follow your boat’s load limit restrictions. Overloading your boat can make it unstable and surge the risk of swamping or capsizing.
Ensure all operators are trained - Human error is a leading cause of boating accidents. Therefore, it is essential to ensure that all operators can effectively navigate and operate the boat. You can do this by ensuring boating operators take a boating safety course that includes reading the weather, boat handling, and navigation.
Maintain a safe speed - Like on the road, you can face penalties or fines for overspeeding on the water. Since there are no lanes on water and different water vessels zig-zag everywhere, it can be challenging for speeding boats to avoid collisions. Therefore, it is essential to ensure you excess caution and obey the speed limits.

What Should You Do After a Boating Accident?

After a boating accident, you should ensure that everyone on board is safe. If there are injuries, loss of life, property damage in excess of $2,000 or the total loss of a boat, you are required to report the incident to law enforcement without delay.

As with other accidents, it is essential to gather evidence immediately. You need to collect police reports, witness testimonies, videos, and photos of the scene. A Milwaukee boating accident attorney will help you gather the evidence you need to establish a strong case against the party at fault.

Contact a Milwaukee Boating Accident Attorney

At Natasha Misra Law, we are ready to help you get the compensation you need to move forward after a boat accident. Contact us today to schedule a consultation and learn more about how we can assist in strengthening your case.

If you’ve been injured and are thinking about hiring a Milwaukee personal injury attorney, you may have heard legal terms like “damages,” and you might be wondering what exactly this means.

What are damages in a personal injury suit? How are they calculated, and what kind of damages can you get for your injuries? In this blog post, we discuss everything you need to know below.

What Are Damages? Explaining The Basics

Generally, the term “damages” or “injury damages” refers to the monetary payments made to an injured person to compensate them for their injuries and losses. These damages vary, but usually include the following:

Medical expenses, such as payments for hospital bills
Replacing or fixing damaged property like a totaled vehicle in a car accident
Lost wages or future lost earning capacity due to an inability to work
Compensatory damages for pain and suffering, both physical and mental
Punitive damages levied by a judge to punish the defendant and discourage them of such future behavior
Funeral costs and compensation for emotional distress if a person dies due to their injuries

It’s important to note that a defendant must be found liable for the injury for damages to be levied. In other words, the plaintiff must be able to prove that they were negligent and at fault before these damages can be recovered.

How Are Damages Calculated?

There is no specific formula or method for calculating damages under Wisconsin law. This means that the amount of compensation can vary quite a bit. In general, though, the amount will be higher for more severe injuries.

So, as an example, experiencing multiple broken bones and head trauma in a car accident will usually result in higher compensation than if you were injured due to a slip and fall and broke your wrist.

However, the amount of damages you can actually recover may depend on the policy limits of your insurance or the insurance and personal assets of the person responsible for causing your injuries.

How Are Damages Proven In A Personal Injury Case?

There are a variety of different ways that a plaintiff may present evidence to prove that they deserve a certain amount of compensation. Among other things, a plaintiff may use:

Medical bills and medical records
Expert testimony, such as testimony or evaluations from a doctor
Their own testimony and that of loved ones and family members
Photo documentation of injuries and/or damage to property
Documentation of missed work for lost wage claims

The Responsibility Of An Injury Victim To Mitigate Damages With Medical Care

Even if you have been injured due to the negligent or intentional actions of another person, you have the duty to minimize and mitigate damages. This means that you must take steps to reduce the effects of your injuries and losses. This duty requires you to act as an “ordinary and reasonable” person would.

For example, you must seek medical help and continue to follow a medical treatment plan if you have been injured. Or, if you have lost your job due to an accident but are able to work, you may be expected to seek other employment.

If a plaintiff fails in this duty to mitigate damages, this will be taken into account at court, and their damages may be reduced accordingly.

Get Help From A Milwaukee Personal Injury Attorney – Contact Natasha Misra Law!

If you need an experienced personal injury attorney in Milwaukee, Natasha Misra is here to help. Natasha and the team at Natasha Misra Law can help you document your injuries, collect evidence, and present the best possible case while pursuing a personal injury claim.

We’re always here to help, so contact us online to get the assistance and legal advice you need as you pursue the damages you deserve in Milwaukee or anywhere else in Wisconsin.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.