Is There a Cap on Car Accident Settlements in Missouri?
An accident victim may file a personal injury claim to seek compensation for injuries resulting from another driver’s negligence. However, in Missouri, a damage cap may limit their compensation. One of our St. Louis car accident lawyers can help you understand the Missouri caps on damages when you are involved in an auto accident.
The victim or their family has the right to financial compensation in the event of a car accident caused by another driver’s negligence. A car accident can have many ramifications, including financial loss and emotional distress. Damages are available to compensate victims for both types of losses.
Medical bills, prescription drug costs, and any other out-of-pocket expenses incurred by the victim are all examples of economic damages. Compensation for your injury may also cover vocational rehabilitation and household care attendant services.
If you have suffered severe or permanent injuries and require lifelong medical care, your lawyer may estimate the cost of future medical care and present that information to the court. Additional costs can include medical equipment, in-home care providers, and employment training.
Depending on how severe your injuries are, you may be unable to continue working at the same job even after reaching MMI (Maximum Medical Improvement). If a person can still work but cannot perform a job that pays the same wage they earned before the accident, the injured party can sue for economic damages for loss of earning capacity.
There are various non-economic damages to seek compensation for, such as pain and suffering, loss of companionship and consortium, and wrongful death. Loss of enjoyment of life may be a significant non-economic damage in cases involving serious injuries. Since a driver’s negligence caused the injuries, people who suffer catastrophic brain injuries or spinal injuries may not enjoy life the way they did before.
It can be painful for many people to no longer swim, hike, or participate in physical activities with their families. Since these losses do not have a monetary value compared to medical bills and physical therapy, they are classified as non-economic damages. Your attorney can go over the recoverable damages, including non-economic damages, after your car accident.
In Missouri, there is no cap on damages for pain and suffering and other non-economic losses following a serious car accident. There is also no cap on economic damages, which are significantly easier to calculate for your compensation. As a result, your attorney can seek as much compensation as possible for the damages you have suffered. In Missouri, there are two instances of damage caps.
Non-economic damages for medical malpractice
A 2015 law, Senate Bill 239, states a claimant cannot receive over $400,000 in non-economic damages or $700,000 for a catastrophic disability or death resulting from medical malpractice. The law also provides that this cap will increase by 1.7% every year.
Damage caps for government claims
If you file a claim against a government agency, you will be subject to a damage cap. When you need to file a claim against the state or municipal government for negligence or the carelessness of one of its employees, the legal expense fund may compensate for certain damages granted in the plaintiff’s favor.
Non-economic damages against a local or state government are limited to $460,499 as of 2021. A claim against a governmental entity has an economic damage cap of $441,130, and the maximum for all claims stemming from a single accident or incident is $2,940,868 as of 2021.
If the negligence of another driver led to your crash and injuries, you might have grounds to file a lawsuit against them for damages. It can take a lot of time and money for you to recoup your losses after being involved in a car accident.
Contact our experienced accident lawyers at Cofman Townsley for a free case evaluation. Our law firm can help you determine fair compensation for your injuries and guide you through the procedures to follow to maximize your settlement.