What types of damages are available in a Missouri personal injury claim?
When an individual has been injured due to the negligence of another person or entity, they have the right to pursue a personal injury claim and seek damages. In Missouri, victims of personal injury can be compensated for a variety of damages, including medical expenses, lost wages, and pain and suffering.
The primary type of damages available in a Missouri personal injury claim are medical expenses. This includes both current and future expenses related to the injury. Current medical expenses include any medical bills incurred up to the date of the settlement or trial. This typically includes hospital bills, doctor’s visits, diagnostic tests, prescription medications, physical therapy, and other treatments required due to the personal injury.
Future medical expenses are those that will be necessary after the settlement or trial is complete. These are typically necessary due to ongoing treatment that may be required due to permanent injuries suffered from the accident. This may include surgery, physical therapy, medication, and other treatments related to the injury.
In addition to medical expenses, victims of personal injury in Missouri can also be compensated for lost wages. Lost wages are wages that would have been earned had it not been for the negligence of another person or entity that caused the accident or injury. This includes not only salary or wages but also any other benefits such as vacation pay or bonuses that would have been earned had it not been for the accident or injury. Lost wages can also include future earnings if an individual is unable to work due to their injuries.
Pain and Suffering Damages
Pain and suffering damages are another type of damages available in a Missouri personal injury claim. Pain and suffering damages are designed to compensate an individual for physical pain and emotional distress caused by the accident or injury. These types of damages can be difficult to calculate as they are subjective in nature and require proof of mental anguish and distress caused by the accident or injury. Because these types of damages involve subjective elements, they often require expert testimony from a qualified health care professional such as a psychologist or psychiatrist who can testify as to the mental anguish experienced by an individual due to their injuries.
In some cases, punitive damages may also be available in a Missouri personal injury claim. Punitive damages are designed to punish wrongdoers for intentional misconduct or gross negligence and act as a deterrent against future wrongdoing by similar parties. Punitive damages are generally not awarded unless there is clear evidence that an individual acted with malicious intent or was grossly negligent in causing an accident or injury.
When an individual has been injured due to the negligence of another person or entity in Missouri, they have the right to pursue a personal injury claim and seek compensation for their losses. Medical expenses, lost wages, pain and suffering damages, and punitive damages may all be available depending on the circumstances surrounding a particular case. It is important for individuals who have suffered from an accident or injury due to another person’s negligence to understand their legal rights so that they can seek justice through a successful personal injury claim in Missouri.