Limiting Phantom Damages

2015-2016 Legislative Session

Sen. Chris Kapenga (R-Delafield) and Rep. Mike Kuglitsch (R-New Berlin) have introduced legislation (SB 405/AB 539) that will allow juries in personal injury cases to see all the evidence when determining the amount required to compensate a plaintiff for his or her past medical expenses.

Status

The Senate bill was introduced and referred to the Committee on Judiciary and Public Safety on December 3, 2015. A public hearing was held on December 16, 2015. At an executive session held on February 1, 2016, the Senate committee recommended the passage of the bill as amended on a 3-2 vote.

The Assembly bill was introduced and referred to the Committee on Judicary on November 24, 2015. A public hearing was held on December 10, 2015.

Key Documents

 

2013-2014 Legislative Session

Rep. André Jacque and Sen. Paul Farrow have introduced legislation (SB 22/AB 29) that will allow juries in personal injury cases to see all the evidence when determining the amount required to compensate a plaintiff for his or her past medical expenses. While the legislation applies to personal injury cases, the bill also addresses the recent Orlowski v. State Farm Mutual Auto Insurance Company decision by the Wisconsin Supreme Court which extended the collateral source rule to underinsured motorist (UIM) cases.

Status

A public hearing was held by the Assembly Committee on the Judiciary on April 11, 2013. Failed to pass pursuant to Senate Joint Resolution 1.

Key Documents

 

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