What types of damages can be recovered in a Missouri personal injury claim?
In a personal injury claim, damages are the compensation given to an individual who has been injured due to another person’s negligence. When someone is injured, they may be entitled to recover damages in a Missouri personal injury claim. Damages can be broken down into two main categories: economic and non-economic. In this article, we will take a look at the types of damages that may be available in a Missouri personal injury claim.
Economic damages are designed to compensate an individual for the financial losses they have suffered due to their injury. Examples of economic damages that may be available in a Missouri personal injury claim include:
Medical Expenses – Medical expenses can include both past and future medical bills related to the injury, such as doctor’s visits, hospital stays, prescriptions, physical therapy, and any other necessary medical treatment. These expenses must be proven to be directly related to the injury in order to be recovered.
Lost Wages – If an individual is unable to work due to their injury, they may be able to recover lost wages. This includes both past and future wages if it can be proven that the individual will suffer future loss of earning capacity due to their injury.
Property Damage – If an individual’s property was damaged due to the negligence of another party, they may be able to recover compensation for the damage. This includes damage to vehicles, clothing, furniture, electronics, or any other property that was damaged as a result of the accident.
Non-economic damages are designed to compensate an individual for losses that are not readily quantifiable in terms of money. These types of damages are usually subjective and difficult to calculate because they involve intangible losses such as pain and suffering or emotional distress. Examples of non-economic damages that may be available in a Missouri personal injury claim include:
Pain and Suffering – Pain and suffering refers to physical pain and mental anguish caused by the accident or injury. This includes both current and future pain and suffering that can reasonably be attributed to the accident or injury.
Emotional Distress – Emotional distress refers to mental anguish caused by the accident or injury. This can include depression, anxiety, fear, humiliation, and any other mental distress resulting from the accident or injury.
Loss of Consortium – Loss of consortium refers to loss of companionship or loss of support from a spouse due to an injury or death caused by another party’s negligence. This type of claim is usually brought by spouses or family members of those who suffered an injury or death due to another party’s negligence.
Punitive Damages – Punitive damages are designed to punish wrongdoers for particularly egregious acts of misconduct or negligence that resulted in harm or death for another person. Punitive damages may also be available in some cases where economic or non-economic damages do not adequately compensate an injured party for their losses.
Ultimately, it is up to a judge or jury to determine what types of damages should be awarded in a Missouri personal injury case. The types of damages available will depend on the facts and circumstances surrounding each case and will vary from case to case. It is important for individuals who have been injured as a result of another person’s negligence seek qualified legal advice so that they are aware of all potential sources of compensation available under Missouri law.