What Does "Damages" Mean In Personal Injury?

If you’ve been in a car accident in Milwaukee, Appleton, Waukesha, or Oshkosh, you might be wondering: Should I contact an attorney now or wait until the accident report is ready? It’s tempting to hold off, especially when reports often take 7-14 days—or even longer—to finalize.

But here’s the truth: waiting can hurt your case. The car accident attorneys at Natasha Misra Law are here to let you know more about what you should do while the report is being created, and how legal support can make all the difference.

How the Accident Report Fits Into Your Case

The accident report is a key document, and it’s important to know what it includes—and doesn’t include:

The Basics: Details about the location, time, and parties involved in the crash.
The Officer’s Observations: The responding officer may note the conditions at the scene, statements from drivers and witnesses, and potential causes of the accident.
Liability Notes: The report may include the officer’s opinion on who was at fault—but it’s not the final say.

However, accident reports aren’t always perfect. Errors or missing details can occur, and if you don’t have an experienced attorney reviewing the report, these inaccuracies can hurt your claim. At Natasha Misra Law, we review accident reports carefully, flag any errors, and work to correct them quickly.

The Accident Report Is Just One Piece of the Puzzle

While the accident report is an important investigative tool, it’s far from the only evidence your case relies on. Waiting for it means losing valuable time to collect:

Witness Statements: People’s memories fade fast, and key details could be lost.
Scene Evidence: Skid marks, debris, or vehicle damage may disappear within days.
Footage or Photos: Surveillance videos or dashcam recordings can be overwritten or erased.

We’ll handle the accident report for you, and we’ll get to work preserving evidence and building the strongest possible case.

What to Do If the Insurance Company Contacts You Before You Have the Report

Insurance companies don’t wait for accident reports—they move fast to protect their interests. If an adjuster calls you soon after the accident, they may:

Pressure you into giving a recorded statement that could be used against you.
Offer a lowball settlement before you know the full extent of your injuries.
Ask you to sign paperwork that could waive your right to future compensation.

Here’s what you should do:

Avoid Making Statements: Keep your conversation brief and do not provide a recorded statement until consulting an attorney.
Don’t Sign Anything: Wait until you’ve spoken with an attorney who understands your rights.
Call Us Right Away: Natasha Misra Law will handle all communications with the insurance company so you don’t have to.

Act Now With Natasha Misra Law to Protect Your Rights and Your Claim

Accident reports are important, but they take time—and time isn’t on your side when it comes to building a strong case. By reaching out to us right away, you’re giving yourself the best chance to secure the compensation you deserve.

We focus on getting you back on your feet—physically, emotionally, and financially. From the moment you call, we’ll take the burden off your shoulders so you can focus on healing while we handle the rest. Don’t let delays cost you your claim. Contact Natasha Misra Law today and let us fight for you—because you deserve more than just another suit.

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.