Following a serious injury accident, the injured party and the defendant may be unable to reach a resolution of the claim, requiring the case to be tried before a jury. If the case proceeds to a jury trial, you may wonder whether there is a cap and/or limit on what the jury can award the injured party.
In Missouri, there is currently no cap and/or limit for what the injured party can be awarded unless the injured party’s claim arises from medical malpractice or unless the claim is against a governmental entity. This means that if an injured party’s damages warrant a jury verdict of $10 million against the at-fault party, generally a jury will be permitted to enter a verdict in favor of the injured party for such an amount.
However, if the case arises because the injured party was harmed due to medical malpractice, Missouri law places a cap on the “non-economic” damages the injured party can recover. Non-economic damages include items such as pain, suffering, and inconvenience. Missouri law places the cap for non-economic damages at $400,000 for most injuries and to $700,000 for catastrophic injuries. It is important to note that there is no cap on the “economic “damages an injured party can recover on a medical malpractice claim. Economic damages include items such as past and future medical bills and lost wages.
The other cap on what an injured party can be awarded involves claims against government entities. Under Missouri law, governmental entities are often protected from suit under a legal theory called sovereign immunity. However, Missouri law provides that in certain cases, such as in automobile crashes or premises liability claims, a lawsuit may still be brought against government entities. In those cases where Missouri law permits suit against government entities, there are caps placed on the amount an injured party can recover for both economic and non-economic damages.
If you or a loved one has been injured as a result of someone else’s negligence, please reach out to The A.W. Smith Law Firm for a free, no-obligation case evaluation. Our attorneys can assess your claim and will be able to advise you of whether or not a cap and/or limit will be applicable to your specific claim.
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