Punitive damages are capped at two times compensatory damages or $200,000, whichever is greater. Wis. Stat. Ann. § 895.043. This cap does not apply in the DUI context.The collateral source rule applies.

In Kimble v. Land Concepts, Inc., the court used its discretionary reversal power to reverse an award of punitive damages, holding that the award was unconstitutional. A statutory limit on punitive damages exists now, found in Wis. Stat. § 895.043(6). But if that statute is ever repealed, the court’s constitutional analysis in Kimble will substantially limit the availability of punitive damages in Wisconsin.