Is There a Cap on Personal Injury Claims?
If you are in an accident caused by someone else’s negligence or recklessness, you will have to grapple with consequences you were not prepared for. You may have to pay thousands in medical expenses, stay home from work for weeks or even months, and struggle with damage to your vehicle, home, or personal belongings. You can claim compensation for these losses through a personal injury lawsuit or insurance claim – but in some instances, you may face a limit on how much you can receive.
Insurance Claims May Have Policy Limits
When you are in an accident caused by someone else’s negligence or recklessness in Missouri, you have two main options to collect compensation. You can file an insurance claim or you can file a personal injury lawsuit in Missouri civil court. If you choose the insurance route, you may face barriers to collect compensation due to policy limits.
Insurance impose policy limits based on the amount of insurance that the at-fault party in your case purchases. It is not likely that you will receive compensation higher than these limits, even if your injuries exceed the maximum amount.
If you are in an accident and suffer from severe injuries and losses, you may not receive as much compensation through an insurance claim. Instead, you may consider filing a personal injury lawsuit against the at-fault party. Contact a Kansas City personal injury attorney to discuss your best options.
Does Missouri Have Economic and Non-Economic Damage Caps?
You can claim two types of damages in personal injury lawsuits: economic and non-economic damages. Economic damages, also known as special damages, cover your financial, tangible losses as a result of the accident. These can include medical expenses, lost wages while you were recovering from your injuries, or any property damage to your possessions or vehicle.
On the other hand, non-economic damages refer to the emotional losses or injuries you suffer as a result of an accident. You can claim non-economic damages for the development of mental illnesses after the accident, such as depression, anxiety, or post-traumatic stress disorder. You can also claim non-economic damages for loss of quality of life, chronic pain and suffering, mental anguish, and more.
Missouri does not impose damage caps on economic or non-economic losses you suffer in the course of an accident. Many other states impose caps on non-economic damages, but Missouri does not currently have any limits on the amount of emotional losses you can claim in a lawsuit.
Missouri Medical Malpractice Damage Caps
There is one exception to the lack of damage caps in Missouri: medical malpractice cases. These lawsuits occur when you suffer injury or other wrongdoing at the hands of a medical professional, such as a doctor, nurse, or obstetrician.
You cannot claim more than $400,000 in non-economic damages in a medical malpractice case. If you suffered serious, catastrophic injury or the malpractice resulted in the death of a loved one, you cannot claim more than $700,000 in non-economic damages. Missouri does not impose a limit on the amount of economic damages you can claim in these cases.
How Do You Know How What Damages You Can Claim?
You can claim many types of damages in Missouri personal injury cases, and the specific damages vary based on your unique circumstances. You and your attorney will work closely together to calculate your economic losses and determine which non-economic losses you could claim. In addition, you may be able to receive punitive damages if the at-party acted in a particularly reckless or negligent manner.
Are you suffering from the aftermath of a personal injury? You may be eligible for compensation through a lawsuit or an insurance claim. In these situations, you can claim damages for multiple economic and non-economic losses, from lost wages to property damage and emotional suffering, such as the development of post-traumatic stress disorder. Contact a Missouri personal injury attorney to discuss your legal options.