If you have been injured in a personal injury accident in Missouri due to another person’s negligent or intentional actions, you may be able to pursue an injury claim to go after the financial damages you deserve. However, there are laws in Missouri that place a cap on these damages, which limit the amount a victim can obtain.
What Are the Different Damages in Missouri?
Damages are legal terms that refer to financial compensation awarded to individuals in civil law cases. In the context of personal injury claims in Missouri, three main types of damages can be sought: economic, noneconomic, and punitive.
Economic Damages
These damages encompass all tangible, measurable losses a victim incurs due to an accident. This category includes out-of-pocket expenses, such as medical bills, rehabilitation costs, lost wages due to missed work, and property repairs or replacement expenses. Economic damages aim to restore the victim’s financial position to what it would have been had the accident not occurred.
Noneconomic Damages
Noneconomic damages account for the more subjective and intangible losses a victim experiences. This can include pain and suffering endured due to injuries, emotional distress, loss of enjoyment of life, and mental anguish. Assessing noneconomic damages can be complex, as it requires understanding the personal impact of the injuries on the victim’s overall quality of life.
Punitive Damages
These damages go beyond mere compensation for losses and are specifically intended to punish the defendant for particularly egregious or malicious behavior. Punitive damages serve as a deterrent to prevent similar conduct in the future and are typically awarded in cases where the defendant’s actions were found to be reckless or intentionally harmful.
What Does It Mean To Have a Cap on Damages?
A damage cap is a law that limits the amount of compensation a plaintiff, the injured victim in a personal injury case, can receive from a defendant, the party deemed at fault for the injury. This limit is particularly relevant when a settlement is reached or a jury delivers a verdict that surpasses the state’s established damage cap. In such cases, the plaintiff will only be able to collect an amount that aligns with the cap, regardless of the higher figure determined through the legal process.
Different states have varying approaches to implementing damage caps, which are designed primarily to regulate the financial implications of personal injury claims. For example, some states impose damage caps specifically on claims made against government entities, while others may choose to impose damage caps selectively on specific categories of damages, such as noneconomic or punitive damages.
Damage Caps in Missouri
In Missouri, there are specific limitations on noneconomic damages in medical malpractice claims. Enacted through Senate Bill 239, this legislation limits the amount of noneconomic damages a claimant can recover during a medical malpractice lawsuit. Under this law, a claimant is limited to recovering a maximum of $400,000 in noneconomic damages for most medical malpractice claims. The cap increases to $700,000 in cases involving catastrophic injuries or wrongful death, which typically involve severe harm that significantly impacts a victim’s quality of life. The law also includes an annual adjustment clause, mandating that the damage cap increase by 1.7% each year to account for inflation and other economic factors.
Additional damage caps are also imposed on non-economic damages if an individual seeks to file a personal injury claim against a government entity, such as the state or a municipal government.
Contact Wegmann Today To Learn More About the Financial Damages You Can Pursue
If you suffered harm in an accident in Missouri and want to know what financial damages you can pursue, contact Wegmann Law Firm today and review your questions with our experienced Missouri personal injury attorney.
