Missouri is a fault-based accident state that allows injury victims to seek compensation for their losses when someone else’s careless, reckless, or wrongful actions cause them harm. Compensatory damages in a St. Louis personal injury claim include losses such as medical expenses, lost earnings, and compensation for pain and suffering. These are common damages recovered in car accidents, slip-and-fall injuries, dog bites, product liability claims, and other personal injury cases. But what are punitive damages in Missouri, and when are punitive damages available to a Missouri injury victim?
Understanding Punitive Damages In Missouri
Punitive damages are a category that is separate from compensatory damages after an injury in Missouri or elsewhere. While seeking to recover damages, such as medical expenses and lost wages, is a way to receive compensation for losses caused by the injury, punitive damages serve not as compensation to the victim, but as a punishment to the wrongdoer who caused the injury. Punitive damages also provide a legal deterrent for repeated wrongful or egregious actions on the part of the wrongdoer. Although punitive damages are not intended as compensation for an injury victim, the amount of punitive damages is awarded to the injury victim. For this reason, seeking punitive damages when available in an injury claim can significantly increase the total amount awarded to the victim.
When are Punitive Damages Available In Missouri Personal Injury Cases or Car Accident Claims?
Punitive damages are not available in all personal injury cases. Missouri courts only allow punitive damages awards when the at-fault party intentionally caused harm, such as in cases of violent assault, arson injuries, or road rage accidents. In some cases, the victims of drunk driving accidents in Missouri can obtain punitive damages if they can effectively demonstrate that the drunk driver flagrantly acted with careless disregard for the safety of others. Under Missouri § 510.261., the law states the following: “Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others….If the trial court concludes, following its review of all materials submitted in connection with the motion, that based on the evidence to be admitted at trial a trier of fact could reasonably conclude, based on clear and convincing evidence, that the standards for a punitive damage award contained in this section have been met, the court shall grant leave to file the pleading seeking a punitive damage award.” The statute also specifies time limits and other procedural requirements unique to a motion to obtain punitive damages in Missouri. For instance, an initial lawsuit cannot include punitive damages. Instead, an injury victim’s attorney must file a motion to request leave from the court to request punitive damages.
Does Missouri Cap Punitive Damages?
While Missouri does not cap (limit) an injury victim’s ability to recover compensation for economic damages like medical expenses, lost earnings, and future income loss, it does cap punitive damage awards. In Missouri, a claimant can recover up to five times the amount of their economic damages, or no more than $500,000. Unlike other personal injury and car accident damages, punitive damages in Missouri are also taxable. Recovering punitive damages in a Missouri injury claim is challenging. It’s essential to speak to your personal injury attorney about whether or not punitive damages apply in your case.