In Missouri, when you have been injured due to someone else’s negligence, you may be entitled to various types of compensation. These typically include compensatory damages, such as medical expenses, lost wages, and pain and suffering. However, in certain cases, you might also be able to pursue punitive damages, which are designed to punish the at-fault party for particularly egregious conduct and deter similar behavior in the future.
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Understanding Punitive Damages
Punitive damages are not awarded in every personal injury case. Unlike compensatory damages, which are intended to make the injured party whole by covering their losses, punitive damages are meant to punish the defendant. They are awarded when the defendant’s actions are found to be especially harmful, malicious, or reckless.
In Missouri, punitive damages can be sought if you can prove by clear and convincing evidence that the defendant acted intentionally without just cause or acted with a deliberate and flagrant disregard to the safety of others. This standard is higher than mere negligence and requires clear and convincing evidence of the defendant's wrongful conduct. You can find Missouri’s statute on punitive damages in RSMo. 510.261.
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When Are Punitive Damages Available?
To successfully claim punitive damages in a personal injury case in Missouri, the behavior of the defendant must go beyond ordinary negligence as noted above. You also have to get the Judge’s approval to amend your petition to allege “punitive damages” as you cannot ask for punitive damages in the initial petition. Some examples where punitive damages might be awarded include:
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Drunk Driving Accidents: If the at-fault party was driving under the influence of alcohol or drugs, and this behavior led to your injury, you might be able to pursue punitive damages. The courts often view driving while intoxicated as a reckless disregard for the safety of others.
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Intentional Torts: If the injury was caused by an intentional act, such as assault, battery, or fraud, the court may consider punitive damages to punish the wrongful act.
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Gross Negligence: In cases where the defendant’s actions were grossly negligent, such as a company knowingly selling a dangerous product, punitive damages might be appropriate.
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It’s important to note that punitive damages are not automatically awarded in these cases. You must provide clear and convincing evidence that the defendant’s actions warrant such damages.
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Missouri’s Legal Standards and Limitations
Missouri law imposes certain limitations on punitive damages. For example, Missouri has a cap on punitive damages, which is generally set at the greater of $500,000 or five times the amount of compensatory damages. See RS. Mo. 510.265. However, exceptions may apply depending on the specifics of the case.
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The Importance of Legal Representation
Pursuing punitive damages can be challenging and requires a thorough understanding of Missouri law, as well as the ability to present compelling evidence in court. This is why it is crucial to work with an experienced personal injury attorney who can evaluate your case, gather necessary evidence, and advocate on your behalf.
At Foster Wallace, LLC, our injury attorneys have extensive experience in personal injury cases, including those involving claims for punitive damages. We understand the complexities of Missouri law and are committed to helping you seek the justice and compensation you deserve.
Call Our Experienced Missouri Personal Injury Attorneys Today
While suing for punitive damages in Missouri personal injury cases is possible, it requires meeting a high legal standard and proving that the defendant’s conduct was especially egregious. If you believe your case may qualify for punitive damages, it is essential to consult with an experienced personal injury attorney who can guide you through the process and fight for your rights.
If you have been injured and believe you may be entitled to punitive damages, contact Foster Wallace, LLC today to schedule a free consultation. We are here to help you understand your options and pursue the compensation you deserve.
