Personal injury claims typically revolve around proving negligence. It is the failure to exercise reasonable care, which resulted in harm to another person. However, there are cases when a person hurts others on purpose or knowingly did things that put people in danger.
An employer may have exposed workers to toxic chemicals without protection, or a health care provider changed medical records to cover up a serious error. These cases may result in punitive damages under Missouri law.
What are punitive damages?
Punitive damages are different from regular compensation. Regular compensation helps cover the injured person’s losses, like medical bills or pain and suffering. Punitive damages, however, have two main goals:
- To punish the person who caused harm
- To prevent similar harmful actions in the future
The injured person must provide “clear and convincing evidence” that the other party either purposely caused harm without a good reason or acted in a way that clearly showed they didn’t care about others’ safety. This high bar of proof ensures that courts only give punitive damages in cases where someone’s actions were extremely harmful or careless.
There is a strict standard
Courts have specific rules for awarding punitive damages. A person must show they suffered real harm and received significant compensation for their injuries. This means the court must have already decided the person deserves more than just a small, symbolic amount of money.
It also means the injured person cannot include a claim for punitive damages in their initial lawsuit filing. Instead, they must file a separate motion later in the case, supported by evidence, to seek punitive damages. The court then decides whether to allow the punitive damages claim to proceed. Moreover, when deciding on the compensation amount, a court can only consider the harm done to the person (or people) who actually filed the lawsuit.
Get the compensation you deserve
If you’ve experienced harm due to someone’s intentional or reckless actions, you have the right to seek justice. A personal injury attorney can help you understand your options and guide you through the process.
