What types of damages can I recover in a Missouri personal injury claim?
When people in Missouri suffer an injury due to the recklessness or negligence of another person, they may be eligible to pursue a personal injury claim. A personal injury claim is a civil lawsuit that seeks financial compensation for the damages resulting from the injury. In Missouri, there are several types of damages that can be recovered in a personal injury claim.
The most common type of damages in a personal injury claim is compensatory damages. Compensatory damages cover the actual costs associated with an injury, such as medical bills, lost wages, and property damage. These damages are intended to restore the injured person to their original financial position prior to the accident. In addition to compensatory damages, Missouri also recognizes punitive damages in certain cases.
Punitive damages are designed to punish wrongdoers for their actions and serve as a deterrent for future misconduct. These damages are awarded when a defendant’s conduct is particularly egregious and wanton disregard for the safety of others. Punitive damages are usually much higher than compensatory damages because they are intended to send a message that such behavior will not be tolerated.
In addition to compensatory and punitive damages, Missouri law also allows for non-economic damages. These types of damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Non-economic damages are difficult to quantify because there is no set formula for calculating them; instead, juries must use their discretion when awarding these types of damages.
Missouri also has several laws that protect victims from being taken advantage of by insurance companies or other entities in personal injury cases. One such law is the collateral source rule, which prevents defendants from using evidence of benefits received from other sources (such as health insurance) as a defense against paying compensatory or punitive damages. Additionally, if you were injured due to someone else’s negligence and you were partially at fault for your own injuries, comparative negligence laws in Missouri will still allow you to recover some portion of your damages if you were less than 50% at fault for your injuries.
Finally, it’s important to understand the statute of limitations when filing a personal injury claim in Missouri. The statute of limitations is a time limit within which a lawsuit must be filed; after this time period expires, you will no longer be able to pursue legal action against the responsible party. In Missouri, the statute of limitations for personal injury claims is five years from the date on which you suffered your injuries or discovered them (if they were not immediately apparent).
If you have been injured due to someone else’s recklessness or negligence in Missouri, it’s important that you understand what types of compensation may be available to you through a personal injury claim. Compensatory and punitive damages can help cover medical bills, lost wages, property damage, pain and suffering and more. Additionally, understanding your rights under state law can help ensure that you receive fair compensation for your injuries.
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