What types of damages are recoverable in a personal injury claim in St. Clair., Missouri?
When it comes to personal injury claims, the state of Missouri provides citizens with a variety of options for seeking damages. If you’ve suffered an injury in St. Clair, Missouri, you may be able to recover damages from the liable party. The amount of damages you can collect will depend on the specifics of your case and the applicable laws that govern personal injury claims in St. Clair. To help you understand your rights and potential damages, here is a breakdown of what types of damages are recoverable in a personal injury claim in St. Clair, Missouri.
Compensatory damages are the most common type of damages available in a personal injury claim. These are awarded to compensate an injured person for their losses related to the incident that caused their injury. Depending on the circumstances, compensatory damages may include both economic and non-economic losses such as medical expenses, lost wages, pain and suffering, emotional distress, property damage, loss of companionship or consortium, and loss of enjoyment of life.
In some cases, a court may award punitive damages as a form of punishment for particularly egregious behavior or misconduct that led to an injury. These types of damages are typically only awarded when the liable party acted with willful or wanton disregard for the safety and well-being of another person. In Missouri, punitive damages are limited to five times the amount of compensatory damages or $500,000 (whichever is greater) unless there is evidence that justifies an even higher award.
Nominal damages are typically awarded when no actual harm was done but there has been a legal wrong committed against someone. For example, if someone was falsely arrested but wasn’t actually harmed by the arrest they may still be entitled to nominal damages because they were wrongfully deprived of their freedom. In St. Clair, nominal damages awards are usually very small amounts such as $1 or $100 and are typically used as symbolic acknowledgements of a wrong rather than actual compensation for harm suffered by an individual.
If you prevail in your personal injury lawsuit in St. Clair County, you may be entitled to recover attorney fees from the at-fault party or their insurance company if your settlement agreement includes language providing for attorney fees recovery or if you successfully argue for fees in court. The amount you can recover will depend on several factors including how much work was required to litigate your case and the applicable fee arrangements between you and your lawyer before the case began.
Finally, while not technically considered “damages” per se – in some cases a court may award injunctive relief which could require certain actions be taken by the defendant such as repairing property damage or taking steps to ensure similar accidents don’t happen again in the future.
In conclusion, personal injury claims have become increasingly complex over time with numerous options available for recovering different types of damages depending on the specific circumstances involved in each case. If you’ve suffered an injury due to someone else’s negligence or misconduct in St. Clair County, Missouri it is important to understand what types of damages are available so that you can make an informed decision about how best to proceed with your claim for compensation