Most personal injury cases in St. Louis and all throughout Missouri are built around one goal, which is making sure the injured party is whole. That means pursuing compensation for medical expenses, lost income, pain and suffering, and other losses that resulted directly from the accident. However, in some cases, punitive damages can be awarded as well.
What Are Punitive Damages?
Punitive damages exist to punish a defendant whose conduct was so egregious that a court determines a financial penalty beyond compensation is warranted. The underlying message is that certain behavior is unacceptable, and the consequences should reflect that. The majority of personal injury cases, even serious ones, don’t involve the kind of conduct that qualifies.
When Are Punitive Damages Available in Missouri?
Missouri law allows punitive damages when a defendant’s conduct is intentional or shows a complete indifference to or flagrant disregard for the safety of others. What distinguishes conduct that meets this standard from conduct that doesn’t come down to awareness.
10.261. Punitive damages, restrictions on award of — proper award, when — civil actions, initial pleading not to contain claim for punitive damage award. — 1. Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.
Ordinary negligence involves failing to exercise reasonable care, like not checking a mirror before merging into the next lane. Conduct that is worthy of punitive damages involves a defendant who knew their behavior created a serious risk and proceeded anyway, or whose actions were so reckless that indifference to the consequences is the only reasonable explanation.
Examples of Conduct That May Support Punitive Damages
Not every case involving bad behavior qualifies, but Missouri courts have recognized certain categories of conduct as potentially supporting a punitive damages award:
- Driving while intoxicated: A driver who gets behind the wheel knowing they’re impaired has made a deliberate choice that consciously disregards the safety of everyone else on the road.
- Excessive speeding combined with reckless driving: Speed alone doesn’t necessarily lead to punitive damages, but excessive speed while acting recklessly, like weaving in and out of traffic or purposely ignoring traffic signals, could warrant punitive damages.
- Deliberately violating safety regulations: When a business or employer is aware of a specific safety requirement and chooses to ignore it, particularly after prior warnings or incidents, that pattern of conduct can support punitive damages.
- Concealing known product defects: A manufacturer that discovers a dangerous defect in its product and decides not to issue a recall or warning has made a conscious decision that puts consumers at risk.
- Intentional harm: When the injury wasn’t the result of negligence at all but rather a deliberate act, punitive damages may be on the table.
There is no exact formula of when punitive damages will be available; always speak with your St. Louis personal injury lawyer and see if they might be an option in your case.
How Missouri Courts Decide Whether to Award Punitive Damages
Punitive damages aren’t automatic even when the conduct appears to qualify. They have to be explicitly requested and then proven.
Burden of Proof
In Missouri, punitive damages must be proven by clear and convincing evidence. This burden is higher than the preponderance of the evidence standard used to establish liability in the underlying personal injury case.
Punitive damages aren’t available in every case, but when the facts support them they can significantly increase the total recovery and send a message that goes beyond the individual lawsuit.
If you believe the conduct that caused your injury went beyond ordinary negligence, an experienced St. Louis personal injury attorney can evaluate whether a punitive damages claim belongs in your case. Call us today to schedule your free consultation.