Personal injury cases are legal disputes that arise when someone suffers an injury for which another person may be legally responsible. Typically, these claims result from the negligence or carelessness of another individual. Missouri law allows the injured party (the plaintiff) to file a claim to recover compensation for injuries caused by the at-fault party. This general overview covers the types of compensation that may be recovered.
Note, that the actual damages recovered will differ from one case to the next. This is a general overview.
Compensatory damages. The goal is to reimburse you, the plaintiff, with enough compensation to replace what you have lost, putting you back in the same position you were in before the accident caused by the defendant.
Compensatory damages are further divided into:
Economic damages. These are quantifiable, out-of-pocket expenses. Think of this as reimbursement for what you have had to pay. They are actual financial or tangible losses you have incurred or will incur because of the accident.
Medical expenses. Covers costs incurred at the time of the accident and for follow-up/future treatment that may be needed, including future medical costs if injuries are permanent or if you will require care after your case is resolved.Non-economic damages. These relate to losses that do not have a direct financial impact but affect your quality of life. They account for an injured person’s pain, emotional distress, suffering, and other similar issues related to an accident.
Punitive damages. These are not meant to compensate a plaintiff for their losses; their purpose is to punish the party responsible for the injuries or wrongful death. For example, if the court believes the amount of compensatory damages awarded is not sufficient to deter the defendant from making the same mistake again, they may award punitive damages.
Missouri is an at-fault state that uses a pure comparative fault system. This simply means that all parties in an accident can be held liable for damages based on their contribution to the accident. If the plaintiff is partially responsible for the accident that caused the injuries, their damages will be reduced by their percentage of fault.
Missouri does not cap personal injury damages, meaning there is no limit to the amount of damages you can recover. Typically, caps are applied to non-economic pain and suffering damages; however, Missouri currently has no caps in place on damages in personal injury cases.
Have you been seriously injured in a motor vehicle accident, a slip and fall, or some other accident caused by someone else’s negligence? Call Nash & Franciskato at (877) 284-6600. We have a successful track record of helping accident victims collect the compensation they deserve.
One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.
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Editor’s Note: This post was originally published on April 11, 2023. It was reviewed on February 11, 2025, for content and accuracy, and re-published.
