Missouri Has No Damages Cap For Trucking Accidents

No, Missouri does not have a cap on damages for trucking accidents or personal injury lawsuits in most cases. This means that if you are injured in a trucking accident in Missouri, you can potentially recover compensation for the full extent of your damages, both economic and non-economic.

Here's a breakdown of damages you can recover in Missouri without a cap:

  • Economic Damages: These are quantifiable losses with clear dollar amounts, such as:

    • Medical expenses (past, present, and future)
    • Lost wages (past and future)
    • Property damage
    • Rehabilitation costs
    • Out-of-pocket expenses related to the accident

  • Non-Economic Damages: These are more subjective losses for pain and suffering, such as:

    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Loss of consortium (impact on marital relations)

Exceptions to No Damage Cap Rule:

  • Punitive Damages: Missouri law prohibits punitive damages in personal injury lawsuits against public entities (government agencies). Punitive damages are meant to punish the defendant for egregious behavior.
  • Shared Fault: Missouri follows a "comparative fault" system. If you are found partially at fault for the accident, your compensation will be reduced by your percentage of fault.

Benefits of No Damage Cap:

  • Incentive for Fair Compensation: The absence of a cap allows juries to award compensation that reflects the true cost of your injuries.
  • Encourages Safety Measures: Trucking companies may be more likely to prioritize safety measures knowing they could be held fully accountable for damages in case of accidents.

Finding a Personal Injury Lawyer:

If you've been injured in a trucking accident in Missouri, consulting with an experienced personal injury lawyer is recommended. They can help you navigate the legal process, fight for fair compensation, and ensure your rights are protected.

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