What types of damages can I claim in a personal injury case in Fulton, Missouri?

When it comes to personal injury cases in Fulton, Missouri, it is important to understand the various types of damages that can be claimed in such a case. Whether you have been injured in an automobile accident, a slip and fall incident, or some other type of accident, knowing what types of damages you can claim can help you pursue the compensation you need to recover from your injuries.

Compensatory Damages

The most common type of damages sought in a personal injury case are compensatory damages. These are designed to make up for the physical and financial losses that you have suffered as a result of your injury. Compensatory damages may include medical bills, lost wages, loss of future earning potential, and pain and suffering.

In Missouri, the damages awarded for pain and suffering are limited to five times the amount of economic damages or $700,000 (whichever is greater) unless the defendant’s conduct was so egregious that punitive damages are also being sought. In such cases, the limit on non-economic damages increases to ten times economic damages or $1 million (whichever is greater).

Punitive Damages

Punitive damages are designed to punish the defendant for their actions and also act as a deterrent for similar conduct in the future. Missouri does not have an upper limit on punitive damages but any amount awarded must be reasonable. In order to be eligible for punitive damages, it must be proven that the defendant acted with malice or reckless disregard for the injured person’s safety.

Nominal Damages

Nominal damages are typically small amounts of money ($1) awarded when there has been some sort of legal violation but no actual harm was done. This type of damage is often used in cases involving legal or constitutional violations where there is no actual harm to be compensated for. Nominal damages can also be awarded when there has been some sort of emotional distress caused by a defendant’s behavior but no actual physical harm was done.

Exemplary Damages
Exemplary damages are similar to punitive damages in that they are designed to punish and deter wrongful behavior but they are typically only available in specific cases such as fraud or malicious prosecution and do not involve any physical injury. Exemplary damages cannot exceed twice the amount of compensatory damages or $500,000 (whichever is greater).

In conclusion, if you have been involved in an accident in Fulton, Missouri and sustained an injury as a result of someone else’s negligence or recklessness, you may be entitled to monetary compensation for your losses. Common types of compensatory damages include medical bills, lost wages, loss of future earning potential, pain and suffering and more. You may also be eligible for additional types of compensation such as punitive or exemplary damages depending on the circumstances surrounding your case. It is important to speak with an experienced personal injury attorney who can help you understand your rights and determine which types of compensation you may be eligible for under Missouri law.