Is There a Cap on Car Accident Settlements in Missouri?

Though an accident victim can file a personal injury claim to seek compensation for injuries resulting from another driver’s negligence, in Missouri, a damage cap may limit their compensation. If you’ve been injured in a collision, one of our St. Louis car accident lawyers can help you understand the Missouri caps on damages.

COMMON DAMAGES IN AUTO ACCIDENT CLAIMS

After a car accident caused by another driver’s negligence, the victim or their family has the right to compensation. A car accident can have many ramifications, including both financial losses and emotional ones. Damages can compensate victims for both types of losses.

Economic Damages

Medical bills, prescription drug costs, and any other out-of-pocket expenses incurred by the victim due to their car accident are all examples of economic damages.

In severe accidents, victims may suffer permanent injuries and require lifelong medical care. In these cases, your lawyer can estimate the cost of future care and include that in your compensation demand.

Other costs to consider as part of your compensation demand can include medical equipment, in-home care providers, and employment training or vocational rehabilitation if you are unable to continue working at the same job even after reaching MMI (Maximum Medical Improvement). If a victim 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.

Non-Economic Damages

There are various non-economic damages a victim can seek compensation for, such as pain and suffering, loss of companionship and consortium, and wrongful death. Loss of enjoyment of life may also be a significant non-economic damage in cases involving disabling or disfiguring injuries. For instance, 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 be able to swim, hike, or participate in physical activities with their families if they did so in the past. 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 review recoverable damages with you after your car accident.

WHAT ARE MISSOURI’S DAMAGE CAPS?

In Missouri, there is no general cap on damages for pain and suffering and other non-economic losses following a serious car accident. There is also no general cap on economic damages, which are significantly easier to calculate.

As a result, your attorney can generally seek as much compensation as needed for the damages you have suffered after a car accident. In fact, there are only two instances of damage caps in Missouri.

Non-Economic Damages for Medical Malpractice

A 2015 law, Senate Bill 239, states a medical malpractice claimant cannot receive over $400,000 in non-economic damages for non-catastrophic injuries or over $700,000 for catastrophic injuries. 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.

Non-economic damages against a local or state government are limited to $524,083 as of 2024. A claim against a governmental entity has an economic damage cap of $505,520, and the maximum for all claims stemming from a single accident or incident is $3,370,137 as of 2024.

GET THE COMPENSATION YOU DESERVE

If the negligence of another driver led to your crash and injuries, you might have grounds to file a lawsuit against them for damages. However, it can take a lot of time and money for you to recoup your losses.

The experienced injury lawyers at Cofman Townsley can help. Our law firm can assist you with calculating fair compensation and ensure you maximize your settlement. Contact us today for a free evaluation.

Originally published January 24, 2022. Updated March 13, 2024.