What types of damages are available in a personal injury claim in Licking, Missouri?
When a person is injured due to the negligence or misconduct of another person, they may be eligible to receive damages as part of a personal injury claim in Licking, Missouri. Damages refer to the monetary compensation that can be awarded to an injured party in order to make them financially whole again after suffering losses due to their injury. In this article, we’ll explore the types of damages available in a personal injury claim in Licking, Missouri.
The most common type of damages awarded in a personal injury claim in Licking, Missouri are compensatory damages. Compensatory damages are intended to compensate an injured person for their economic and non-economic losses resulting from the negligent act. Economic losses refer to out-of-pocket expenses such as medical bills, lost wages from missed work, and damage to property. Non-economic losses refer to physical pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (the loss of companionship and support).
In some cases, punitive damages may also be available in a personal injury claim in Licking, Missouri. Punitive damages are designed to punish the negligent party for their reckless behavior and serve as a deterrent against future wrongdoing. Punitive damages are only available if the defendant’s conduct was particularly egregious or malicious. For example, if the defendant was intoxicated at the time of the accident or acted with extreme recklessness, then punitive damages may be appropriate.
Nominal damages are often awarded when there is no actual financial loss incurred by the plaintiff but there is still a legal wrong committed by the defendant. Nominal damages are typically small amounts such as a few hundred or thousand dollars and are intended simply to recognize that a legal wrong occurred rather than provide meaningful compensation for an actual economic loss.
Exemplary damages are similar to punitive damages but are only available in certain circumstances such as cases involving fraud or breach of contract. Exemplary damages are intended to deter similar misconduct in the future and punish those who have acted with gross negligence or malice. In addition, exemplary damages can be used to make an example out of defendants who have engaged in particularly outrageous conduct.
In some instances, a plaintiff may also recover attorneys fees from the defendant as part of a personal injury claim in Licking, Missouri. Attorneys fees can be awarded if it can be demonstrated that the defendant acted with willful misconduct or gross negligence which resulted in unnecessary legal costs for the plaintiff. Attorneys fees are intended to cover any legal costs associated with pursuing a successful personal injury claim against the negligent party such as filing fees and expert witness fees.
In conclusion, when filing a personal injury claim in Licking, Missouri it is important to understand that various types of damages may be available depending on the circumstances surrounding your case. Compensatory and punitive damages are typically available while nominal and exemplary damages may also be awarded depending on whether there was any intentional misconduct or gross negligence on behalf of the defendant. Additionally, attorneys fees may also be recoverable if it can be demonstrated that this was necessary due to willful misconduct or gross negligence on behalf of the defendant.