Punitive Damages in St. Louis Car Accident Case
Recovering punitive damages in a Missouri car accident case is much more difficult compared to other states due to a recent change in the law. Here's a breakdown of the challenges and what you can expect:
High Threshold for Punitive Damages:
Missouri follows a strict standard for awarding punitive damages. In 2020, Senate Bill 591 significantly raised the bar for punitive damages in personal injury cases. Now, you must prove the at-fault driver acted with "intentional harm without just cause" or with "deliberate and flagrant disregard for the safety of others."
Meeting the Standard:
- Intentional Harm: This is difficult to prove. It requires evidence the driver deliberately intended to cause an accident and injure you.
- Deliberate and Flagrant Disregard: This requires showing the driver's actions were so reckless they essentially disregarded the safety of others, exhibiting a willful or wanton disregard for consequences. Examples might include driving under the influence with a history of DUIs, racing on public roads, or intentionally causing a collision.
Burden of Proof:
The burden of proof for punitive damages is "clear and convincing evidence." This is a higher standard than the usual "preponderance of the evidence" required in most civil cases. It means you must show it's highly likely the at-fault driver acted with the required level of culpability.
The Bottom Line:
Punitive damages are rarely awarded in Missouri car accident cases due to the high legal threshold. However, a skilled personal injury lawyer can analyze your case and advise you on the possibility of pursuing punitive damages based on the specific circumstances of your accident.
Here's what a personal injury lawyer can do to help:
- Evaluate Your Case: They will assess the facts of your accident and determine if your situation meets the demanding standard for punitive damages.
- Gather Evidence: They will collect evidence to support your claim, such as police reports, accident scene photos, witness statements, and driving records to establish the at-fault driver's behavior.
- Negotiate with Insurance Company: Even if punitive damages are unlikely, your lawyer can use the possibility as leverage during settlement negotiations with the insurance company to maximize your overall compensation.
- Prepare for Trial (if necessary): If a fair settlement cannot be reached, your lawyer will be prepared to argue your case in court, including presenting evidence for punitive damages if they believe it meets the standard.
Remember: While punitive damages can be a significant award, the focus should be on obtaining fair compensation for your medical expenses, lost wages, and pain and suffering. An experienced personal injury lawyer can guide you through the process and fight for the maximum compensation you deserve under Missouri law.