What damages can I recover in a Missouri personal injury claim?
If you’ve been injured in an accident in Missouri, like a car crash, slip and fall, or medical malpractice, you may be entitled to compensation for your damages. Depending on the type of claim and the severity of your injury, this compensation can include economic losses, such as medical expenses and lost wages, and non-economic losses, such as pain and suffering. Understanding the types of damages available in a Missouri personal injury claim can help you make an informed decision about how to proceed with your case.
Economic Damages
Economic damages are those losses that are easily calculable and have a set dollar amount attached to them. This includes monetary costs associated with your injury, such as medical bills (including ambulance transportation and hospital bills), physical therapy costs, lost wages due to missed work days, and any other out-of-pocket expenses related to your injury. Economic damages can also include future lost earnings due to your inability to work after the accident.
Non-economic Damages
Non-economic damages are not as easily calculable as economic losses because they lack a set price tag. These types of damages include physical pain and suffering from your injury, mental anguish resulting from the incident, loss of consortium (the loss of companionship for a spouse or child), humiliation or embarrassment due to a permanent disfigurement caused by the accident, and emotional distress caused by the event. In some cases, punitive damages may be awarded if the defendant’s actions were particularly egregious.
Calculating Your Damages
The amount of compensation you will receive in a Missouri personal injury claim varies depending on the severity of your injury, the cost of medical treatment required for recovery, as well as other factors. To determine an exact figure for economic losses incurred due to your injury, it is important to keep meticulous records of all medical expenses related to the accident and any documents related to lost wages due to missed work days. For non-economic damages such as pain and suffering or emotional distress, attorneys generally use what’s called a multiplier method—which means they multiply the amount of economic damages by a number based on the severity of your injury. You should discuss what type of damages you may be entitled to with an experienced personal injury attorney who knows Missouri law and can help you get the maximum amount allowed under law.
Statute Of Limitations
It is important that you understand that there is a statute of limitations for filing a personal injury claim in Missouri. Generally speaking, you have five years from the date of the accident or from when you first became aware that an injury occurred due to someone else’s negligence—whichever comes later—to file a personal injury suit in court in order to recover damages from those responsible for your injuries. If you fail to file within this time period, then you will be barred from recovering any compensation for your injuries.
Conclusion
A Missouri personal injury claim can allow victims who have been injured due to someone else’s negligence or recklessness to recover both economic and non-economic damages associated with their injuries. It is important that victims understand what types of losses they are eligible for so they can make an informed decision about how best to proceed with their case. Additionally, it is essential that victims understand their rights within state statutes of limitations so they don’t miss their window for seeking recovery for their injuries. If you have been injured in an accident in Missouri, it is best to consult with an experienced personal injury attorney who can help ensure that all potential avenues for recovery are explored so you get the compensation you deserve.