Wisconsin Medical Malpractice Settlement Calculator
Estimate what a Wisconsin medical malpractice claim might be worth. Wisconsin caps non-economic (pain-and-suffering) damages at $750,000; in a wrongful-death claim the survivors' loss-of-society award is capped at $350,000 for an adult ($500,000 for a minor). Economic damages are not capped. This is an estimate to understand the factors — not a prediction or an offer.
A rough estimate, not a prediction or an offer.
Medical malpractice is one of the hardest claims to prove and value. This shows how Wisconsin's damage cap and fault rule shape a rough range — actual outcomes depend on expert proof of the standard of care, the facts, and negotiation. Consult a Wisconsin medical-malpractice attorney about your case.
Wisconsin damage cap
Wisconsin caps non-economic (pain-and-suffering) damages at $750,000; in a wrongful-death claim the survivors' loss-of-society award is capped at $350,000 for an adult ($500,000 for a minor). Economic damages are not capped.
Enter the medical bills and losses to see an estimated range
This estimator applies the multiplier method to your medical bills, then Wisconsin's medical-malpractice damage cap and comparative-fault rule. It does not assess whether the provider actually breached the standard of care, which is the core of any med-mal case and requires expert testimony. Most states also require a pre-suit affidavit/certificate of merit and have a short, strict filing deadline. This is not legal advice and RecordingLaw.com is not a law firm.
Wisconsin's Medical Malpractice Damage Cap
Wisconsin caps non-economic (pain-and-suffering) damages at $750,000; in a wrongful-death claim the survivors' loss-of-society award is capped at $350,000 for an adult ($500,000 for a minor). Economic damages are not capped.
Wisconsin caps NON-ECONOMIC damages in medical malpractice cases at $750,000 per occurrence under Wis. Stat. § 893.55(4)(d)1 (for acts on or after April 6, 2006). The figure is a FIXED $750,000 and is NOT indexed for inflation. The cap was UPHELD as constitutional by the Wisconsin Supreme Court in Mayo v. Wisconsin Injured Patients & Families Compensation Fund, 2018 WI 78, 383 Wis. 2d 1, 914 N.W.2d 678 (5-2), under rational-basis review, reversing a court-of-appeals decision that had struck it. (This $750,000 cap replaced an earlier $350,000-indexed cap that the court had struck in Ferdon v. Wisconsin Patients Compensation Fund, 2005 WI 125.) A 2024 bill (AB 766 / companion) to raise the cap to $1 million failed. ECONOMIC damages are uncapped, and the state-run Injured Patients and Families Compensation Fund pays economic damages above the provider's primary coverage. WRONGFUL DEATH: § 893.55(4)(f) provides that, notwithstanding the § 893.55 limits, wrongful-death damages against health care providers are subject to the limit in § 895.04(4): loss of society and companionship awarded to the survivors may not exceed $350,000 per occurrence for a deceased ADULT or $500,000 per occurrence for a deceased MINOR. This calculator uses the $350,000 adult figure for a wrongful-death estimate. Per the official annotation (Bartholomew v. Wisconsin Patients Compensation Fund, 2006 WI 91), the decedent's own PRE-death pain and suffering and pre-death loss of society fall under the $750,000 § 893.55 cap instead, so a real case can carry both.
Source: Wis. Stat. § 893.55(4)(d)1.
Deadline to File a Wisconsin Malpractice Claim
Wisconsin generally requires a medical-malpractice lawsuit to be filed within 3 years (the statute of limitations). Wis. Stat. § 893.55: the later of 3 years from the date of injury OR 1 year from discovery (reasonable diligence), but in no event more than 5 years from the act/omission (statute of repose). Exceptions to the 5-year repose: a foreign object left in the body or fraudulent concealment — 1 year from discovery. Minors (§ 893.56): the later of the otherwise-applicable period or the child's 10th birthday. Miss the deadline and the claim is usually barred no matter how strong it is, so do not wait to talk to an attorney.
How the Estimate Works
No tool can predict a malpractice settlement. This estimator adds your economic damages (medical bills and lost wages, which are generally not capped), estimates pain and suffering with the multiplier method, then applies Wisconsin's damage cap and comparative-fault rule. The hard part of any malpractice case — proving the provider breached the standard of care — is assumed here and must be established with expert testimony. Use the pain and suffering calculator to explore the non-economic piece, or read about what different injuries are worth. For the full rules behind these numbers, see our guide to Wisconsin medical malpractice laws.
Frequently Asked Questions
Does Wisconsin cap medical malpractice damages?
Wisconsin caps non-economic (pain-and-suffering) damages at $750,000; in a wrongful-death claim the survivors' loss-of-society award is capped at $350,000 for an adult ($500,000 for a minor). Economic damages are not capped.
How much is a Wisconsin malpractice case worth?
No one can tell you a number in advance. A rough estimate adds your economic damages (medical bills, lost wages) and a pain-and-suffering multiplier, then applies Wisconsin's damage cap and fault rule. The real value depends on proving the standard of care was breached, the facts, and negotiation — an attorney is the only way to value your specific case.
How long do I have to file in Wisconsin?
Generally 3 years. Wis. Stat. § 893.55: the later of 3 years from the date of injury OR 1 year from discovery (reasonable diligence), but in no event more than 5 years from the act/omission (statute of repose). Exceptions to the 5-year repose: a foreign object left in the body or fraudulent concealment — 1 year from discovery. Minors (§ 893.56): the later of the otherwise-applicable period or the child's 10th birthday.
Are economic damages capped?
In most cap states, no — caps usually apply only to non-economic (pain and suffering) damages, while medical bills and lost wages are recovered in full. A few states (like Indiana, Louisiana, Nebraska, New Mexico, and Virginia) cap total damages instead.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value, especially the cap — not a prediction or an offer. Real malpractice settlements vary enormously and depend on expert proof. Treat any number here as a ballpark and consult a Wisconsin malpractice attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. Medical-malpractice law, including damage caps, changes frequently and caps are often litigated; figures are current as of 2026-09-26. The value of a malpractice claim can only be assessed by a licensed attorney reviewing your specific facts and the medical record.