In a car accident case, “damages” is the legal term for the losses you can be compensated for. Missouri law allows injured people to recover several categories of damages, and knowing what they are matters, because insurance companies are happy to pay claims that only include the obvious ones. If you don’t know what’ might be available, you could end up leaving a lot of money on the table. Here’s what can be included in a Missouri car accident claim.
Contact an auto wreck attorney in St. Louis to pursue financial compensation for injuries.
Call (314) 300-6260 today.
Economic Damages
Economic damages are the financial losses that come with receipts, bills, and pay stubs. They’re the most straightforward category to calculate, though they’re often larger than people expect once future costs are included. Economic damages can cover:
- Medical expenses: Emergency care, hospital stays, surgery, medication, physical therapy, and follow-up appointments.
- Future medical care: Treatment you’ll need going forward, like additional surgeries or ongoing physical therapy.
- Lost wages: The income you missed while being unable to work from your injuries.
- Reduced earning capacity: If your injuries limit the work you can do going forward, the lifetime difference in earnings is part of the claim.
- Property damage: Repairing or replacing your vehicle and anything of value damaged in the crash.
- Out-of-pocket costs: Things like transportation to appointments, medical equipment, and help with household tasks you were unable to do while you were recovering.
In order to get everything you deserve, it’s especially important to calculate the future damages; once your claim is over, you can’t go back and claim for more damages.
Non-Economic Damages
Non-economic damages compensate for the human losses that don’t come with a bill. They’re harder to put a number on, but Missouri law recognizes them, and they can add quite a bit to your settlement or award after a trial. Non-economic damages can include:
- Pain and suffering: The physical pain of the injuries and the treatment that followed.
- Emotional distress: Anxiety, depression, sleep problems, and fear of driving are all common after serious crashes.
- Loss of enjoyment of life: The hobbies, activities, and everyday experiences your injuries have taken away or limited.
- Disfigurement and disability: Compensation for permanent scarring or the lasting loss of physical function.
- Loss of consortium: In some cases, the impact of the injuries on the injured person’s spouse and marriage can be recovered.
Because there’s no receipt for these losses, proving them can be more complicated, but a lawyer can help you with this.
Punitive Damages
Punitive damages work differently. Instead of compensating you for a loss, they’re meant to punish especially bad conduct and discourage others from repeating it. They’re only available in a small share of cases, where the at-fault party’s behavior went well beyond ordinary carelessness.
To recover punitive damages in Missouri, you have to prove by clear and convincing evidence that the defendant caused intentional harm or acted with a flagrant disregard for the safety of others.
Wrongful Death Damages
When a crash is fatal, Missouri’s wrongful death law allows certain family members to bring a claim. Recoverable damages can include the medical and funeral expenses, the income the family lost, and the loss of the loved one’s companionship, guidance, and support
If you were hurt in a Missouri crash and want to know what your claim should actually include, we can go through it with you.
Call today at (314) 300-6260 to schedule a free consultation.