What Damages can I Recover in a Personal Injury Lawsuit in Missouri?

Missouri law allows you to recover various damages in a personal injury lawsuit if you can prove the other party's negligence caused your injuries. These damages fall into two main categories: compensatory damages and punitive damages.

Compensatory damages aim to restore you to the financial position you were in before the accident. Here's a breakdown of recoverable compensatory damages in Missouri:

  • Medical expenses: This covers all past and future medical bills related to your injuries, including:

    • Doctor visits
    • Hospital stays
    • Surgery
    • Rehabilitation
    • Medication
    • Therapy

  • Lost wages: If you miss work due to your injuries, you can recover compensation for lost wages. This includes salary, bonuses, commissions, or tips.

  • Loss of earning capacity: If your injuries permanently affect your ability to work or earn a living, you can seek compensation for future lost wages.

  • Vehicle repair or replacement: If your car is damaged in the accident, you can recover the cost of repairs or the value of your car if it's totaled.

  • Property damage: This covers any other property damaged in the accident besides your car, such as clothing, electronics, or personal belongings.

Non-economic damages compensate you for the pain, suffering, and emotional distress caused by the accident. These are more subjective and difficult to quantify than economic damages. Here are some recoverable non-economic damages in Missouri:

  • Pain and suffering: This covers the physical and emotional pain you experience due to your injuries.

  • Mental anguish: This includes emotional distress, anxiety, depression, PTSD, and other psychological effects of the accident.

  • Loss of consortium: This compensates a spouse for the loss of companionship, intimacy, and love due to the other spouse's injuries.

  • Loss of enjoyment of life: This covers the inability to participate in activities you once enjoyed due to your injuries.

  • Scarring and disfigurement: If the accident leaves you with permanent scars or disfigurement, you can seek compensation for the emotional distress this causes.

Punitive damages are rarely awarded and are intended to punish the at-fault party for egregious or reckless behavior. Punitive damages are not meant to compensate the injured party but to deter similar behavior in the future.

Here are some additional factors to consider regarding damages in Missouri personal injury lawsuits:

  • Shared fault: Missouri follows a comparative negligence rule. This means if you are partially at fault for the accident, your compensation amount will be reduced by your percentage of fault. For instance, if you are found 10% at fault, your total compensation award will be reduced by 10%.

  • Insurance coverage: The at-fault party's insurance policy limits will cap the amount of compensation you can recover from them. Your lawyer can help you understand these limitations.

Remember, consulting with a personal injury lawyer in St. Louis is crucial to understand the full range of damages you may be entitled to in your specific case. They can assess the details of your accident, injuries, and damages, and fight for the maximum compensation you deserve.

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