Damage Caps Shift Costs to Taxpayers
April 2025
In some areas of Wisconsin tort law, damage caps exist. A damage cap limits the amount of money an injured person may recover from those responsible for causing harm. One of many downsides of damage caps are the shifting of costs to the taxpayers and allowing responsible parties to limit their liabillty exposure. In many personal injury cases, the medical bills may be paid for by Medicaid or Medicare. When an injured person is not able to be fully compensated for their medical bills, Medicaid or Medicare may not be able to be fully reimbursed or paid back for the medical bills paid. Thus, the taxpayers are sent the bill.
Further, the damage caps leave the injured person without sufficient resources to provide for themseles after an injury. This leaves the injured person no choice but to turn to public programs and seek assistance. When this happens, the bill for the injuries is essentally sent to taxpayers through payment for public assistance programs.
At Herrick & Hart, we have been on the side of the injured since 1951. We have worked with injured people who have been undercompensated due to damage caps. We offer a free consultation on personal injury cases. We also offer a contingency fee which does not require that an injured person make monthly payments to an attorney or come up with a retainer.