Punitive Damages in Missouri Personal Injury Cases: What You Need to Know
When someone is injured due to another’s wrongful actions, a personal injury lawsuit often seeks compensatory damages to make the injured person whole. However, in rare and extreme cases, Missouri law also permits punitive damages, which are awards intended to punish the wrongdoer and deter similar conduct in the future. At The Goss Law Firm, we believe it is essential that our clients understand how punitive damages work in Missouri, when they are available, the legal hurdles involved, and how recent statutory changes influence their claim.
Compensatory vs. Punitive Damages: The Difference
Compensatory damages are meant to pay you back for the losses you suffered in an accident or injury. This can include expenses such as medical bills, lost income, property damage, and pain and suffering. Punitive damages, however, are different. They are not meant to repay you for your losses but to punish the wrongdoer and discourage others from acting the same way.
In Missouri, punitive damages are only awarded in special cases where the defendant’s actions were especially reckless or intentional. They are much less common than compensatory damages.
Punitive Damages – How the Legal Process Works
In Missouri, you cannot ask for punitive damages at the very beginning of your lawsuit. Instead, your attorney must first ask the court for permission to add a claim for punitive damages later on. This process is outlined in Missouri Revised Statutes § 510.261. To request punitive damages, your lawyer must file a written motion at least 120 days before trial (or 120 days before the final pretrial conference, if one is scheduled).
That motion must include evidence, such as affidavits, documents, or discovery materials, showing a reasonable basis to believe that punitive damages may apply. The defense then has the chance to respond and argue why punitive damages are not appropriate. If the judge finds that there is enough evidence for a jury to reasonably conclude that the defendant acted with extreme misconduct, the court will allow the claim for punitive damages to proceed.
What You Must Prove
To receive punitive damages in Missouri, the injured person must prove by clear and convincing evidence that the defendant either:
- Intentionally caused harm without a valid reason, or
- Acted with a deliberate and flagrant disregard for the safety of others
These claims are only allowed when the defendant’s behavior is especially reckless or intentional, and not for simple carelessness.
Missouri law also limits how punitive damages can be calculated:
- They cannot be based on harm caused to people who are not part of your case.
- They cannot be awarded if you only receive nominal damages (a very small amount), unless your case involves certain rights such as privacy, property, or constitutional protections.
Limits on Punitive Damages
Missouri law sets a cap on the amount of punitive damages that can be awarded. In most cases, the limit is the greater of:
- $500,000, or
- Five times the total compensatory damages
For example, if your compensatory damages are $200,000, the maximum punitive damages would usually be $1,000,000 (five times that amount). However, there are exceptions. The cap does not apply if the defendant was convicted of a felony related to the same conduct that caused your injury.
Punitive damages cannot be awarded against public entities, such as government agencies.
Additionally, under Missouri’s Senate Bill 591, employers can only be held responsible for punitive damages based on an employee’s misconduct if there is proof that the employer:
- Authorized or approved the conduct,
- Was reckless in hiring or keeping the employee,
- The employee was in a managerial role, or
- The employer later ratified or accepted the misconduct.
How Punitive Damage Trials Work
If the court allows a claim for punitive damages, the trial is divided into two parts.
- The first phase decides whether the defendant is liable for punitive damages.
- The second phase, if necessary, determines the amount of those damages.
During the second phase, the jury may consider evidence of the defendant’s financial condition or net worth when deciding on the amount. This two-step process ensures that the question of guilt is distinct from the determination of the appropriate punishment for the defendant.
When Punitive Damages May Apply
Punitive damages are rare, but they may be awarded in serious cases such as:
- A drunk driver causing a crash while knowing the risks
- A manufacturer selling a dangerous product despite knowing it could cause harm
- An insurance company acting in bad faith or hiding important information
- A defendant who commits fraud or acts with clear malice
In most personal injury cases, including car accidents, punitive damages are only available when there is evidence of extreme or intentional misconduct, rather than just ordinary negligence.
Why They Matter
Punitive damages serve an important purpose in Missouri’s civil justice system. They:
- Hold wrongdoers accountable for reckless or intentional actions
- Deter future misconduct by making such behavior costly
- Encourage safer practices in industries and communities
At The Goss Law Firm, we carefully review every case to determine whether the facts may support a claim for punitive damages. When appropriate, these damages can be a powerful means of seeking justice and helping to prevent others from being harmed in the same way.
If you believe someone’s reckless or intentional behavior caused your injury, contact our compassionate Missouri personal injury attorneys today for a free consultation. We are here to help you understand your options and fight for the full compensation you deserve.
Contact us today by submitting a form online or calling our office at (816) 888-5000 for a free legal consultation.
