When you file a personal injury claim in Kansas City, Missouri, you are typically focused on recovering compensation like medical expenses, lost income, and pain and suffering. But in certain cases, the law allows for something more: punitive damages. These damages aren’t meant to compensate you for what you have lost. Instead, they are designed to punish especially harmful behavior and discourage others from acting the same way.
Missouri’s Legal Standard for Punitive Damages
Missouri law sets a high bar for punitive damages. Under Mo. Rev. Stat. § 510.261, you must prove by clear and convincing evidence that the defendant either intentionally harmed you without just cause or acted with a deliberate and flagrant disregard for the safety of others. This is a stricter standard than the preponderance of the evidence threshold used for most civil claims.
There are also important procedural requirements to keep in mind. You cannot include a claim for punitive damages in your initial lawsuit. Instead, you must first file your case and then submit a separate motion asking the court for permission to seek punitive damages. The defendant has the opportunity to oppose that motion, and the court will only grant it if the evidence suggests the defendant’s conduct could reasonably meet the statutory standard.
Additionally, punitive damages in Missouri are decided through a bifurcated trial process. In the first stage, the jury determines whether the defendant is liable for punitive damages. If the answer is yes, a second stage follows in which the jury decides the amount.
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How Punitive Damages Differ from Compensatory Damages
Compensatory damages are meant to make you whole again. They cover tangible losses like medical bills and lost wages, as well as intangible harms like emotional distress and diminished quality of life.
Punitive damages serve a different purpose. They focus not on what you suffered but on how the defendant behaved. Their goal is to hold wrongdoers accountable for conduct that goes beyond ordinary negligence and to send a clear message that this behavior carries serious financial consequences.
These damages also tend to arise in cases involving particularly reckless or intentional conduct. Common examples include drunk driving accidents, where the at-fault driver knowingly chose to get behind the wheel while impaired; cases involving a trucking company that deliberately falsified driver safety logs; and product liability claims where a manufacturer concealed known defects to protect profits.
Is There a Cap on Punitive Damages in Missouri?
Missouri does place a cap, or a limit, on the amount of punitive damages that can be recovered in personal injury lawsuits. The limit is the greater of $500,000 or five times the net amount of your compensatory damages. For example, if a jury awards you $200,000 in compensatory damages, your punitive damages could reach up to $1,000,000. Five times $200,000 exceeds the $500,000 floor.
Find Out If Punitive Damages Apply to Your Kansas City, MO Injury Case
If you believe the person or company that harmed you acted with intentional wrongdoing or a flagrant disregard for safety, you may have grounds to pursue punitive damages. The attorneys at Dollar, Burns, Becker, and Hershewe can evaluate your case, determine whether punitive damages are on the table, and fight to hold the responsible party fully accountable for the full extent of your damages. Contact us at (816) 876-2600 today to get started.