What types of damages can be recovered in a Missouri personal injury claim?
When a person is injured due to the negligence of another, they may be entitled to compensation for their losses. In Missouri, personal injury claims are governed by the state’s civil law system and awards can be made in the form of damages. Damages are a legal term used to describe money that is awarded to an injured person as a way to compensate them for their losses. If a personal injury claim is successful, the injured individual may be able to recover different types of damages. This article will discuss what types of damages can be recovered in a Missouri personal injury claim.
The first type of damages that can be recovered in a Missouri personal injury claim are compensatory damages. Compensatory damages are awarded to an injured person as a way to compensate them for any financial losses they have incurred due to their injury. These losses can include medical expenses, lost wages, and property damage. In addition, compensatory damages may also include non-economic losses such as pain and suffering and emotional distress.
The second type of damages that can be recovered in a Missouri personal injury claim are punitive damages. Punitive damages are different from compensatory damages because they are not intended to compensate the injured person for their losses but rather to punish the negligent party for their actions. Punitive damages are typically only awarded when the negligent party’s actions were particularly egregious or reckless and are meant to deter similar behavior in the future.
The third type of damages that can be recovered in a Missouri personal injury claim are nominal damages. Nominal damages are typically awarded when there is no economic or physical harm suffered by the injured person but they still wish to pursue legal action against the negligent party. The award is generally very small, usually no more than a few hundred dollars, and is intended to acknowledge that a wrong was committed even though there were no actual losses sustained by the plaintiff.
Finally, another type of damage that can be recovered in a Missouri personal injury claim is attorney’s fees and costs associated with bringing the case to court. This includes any fees incurred during pre-litigation negotiations or when filing paperwork with the court as well as any costs associated with hiring experts or witnesses during trial proceedings. The amount awarded for these costs will vary depending on the specifics of the case and will generally be determined at trial or through settlement negotiations between both parties before trial proceedings begin.
In conclusion, those who have been injured due to another’s negligence may be able to recover different types of damages in a Missouri personal injury claim. These include compensatory damages which are intended to compensate an injured person for any financial losses they have incurred due to their injury; punitive damages which are meant to punish the negligent party; nominal damages which recognize that a wrong was done even if there were no actual losses sustained; and attorney’s fees and other costs associated with bringing the case to court. Each case will vary depending on its specific circumstances so it is important for anyone pursuing legal action for an injury caused by another’s negligence to consult with an experienced attorney who can advise them on their rights and available remedies under Missouri law.