When you have been injured due to someone else’s negligence, you may wonder what types of compensation you are actually entitled to receive. The answer depends on the specifics of your case, but personal injury law generally recognizes several categories of damages designed to make you whole again. Some cover the financial losses you can calculate down to the dollar, while others address the ways an injury disrupts your quality of life in ways that are harder to quantify.
Economic Damages: Medical Bills, Lost Wages, and Property Damage
Economic damages are tied to actual, documented financial losses. These include all of the medical expenses associated with the accident and your injuries, from emergency room visits and surgeries to physical therapy and prescription medications. You can also secure damages for medical care you may require in the future.
You can seek compensation for wages and benefits that you may have lost while recovering from your injury, as well as future earning capacity if your ability to work has been permanently affected. Property damage, such as the cost to repair or replace a vehicle after a car accident, also falls under this umbrella. Because these losses come with receipts, invoices, and pay stubs, establishing them is relatively straightforward.
Non-Economic Damages: Physical and Emotional Pain and Suffering
Non-economic damages account for the personal toll an injury takes on your body and mind. While these are harder to assign a dollar figure to, they are no less real—and no less deserving of compensation.
Examples of physical pain and suffering include:
- Chronic pain resulting from your injury
- Loss of mobility or physical function
- Scarring or permanent disfigurement
Examples of emotional pain and suffering include:
- Anxiety, depression, or post-traumatic stress
- Loss of enjoyment of life or hobbies you once loved
- Strain on personal relationships and family life
- Sleep disturbances, fear, or emotional distress tied to the incident
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Rules for Punitive Damages in Kansas City Personal Injury Lawsuits
Economic and non-economic damages are compensatory; they are meant to reimburse you for what you have lost as a result of your injury. Punitive damages serve a different purpose. They are designed to punish a defendant for especially reckless or malicious conduct and to discourage similar behavior in the future. In the Kansas City area, the rules for punitive damages vary depending on which side of the state line your case falls.
In Missouri, under Statute 510.261, you must demonstrate by clear and convincing evidence that the defendant acted intentionally and with flagrant disregard for others’ safety. If awarded, punitive damages in Missouri are capped at five times the compensatory damages or $500,000.
Under Kansas Statute 60-3701, you will need to provide clear and convincing evidence of willful conduct, wanton behavior, fraud, or malice. Kansas caps punitive damages at $5,000,000 or 50% of the defendant’s net worth.
Trust Dollar, Burns, Becker, and Hershewe to Fight for Your Compensation
If you are filing a personal injury lawsuit in Kansas City, you need an attorney who will fight to recover the full compensation you are owed. Dollar, Burns, Becker, and Hershewe have the experience and dedication to evaluate your claim, build a strong case for damages, and advocate for you every step of the way. Contact us at (816) 876-2600 to schedule a consultation and take the first step toward the recovery you deserve.