Victims of accidents seek damages in civil court every day for injuries they suffered. When another person’s negligence causes an injury, you have a right to recoup monetary damages. Victims typically receive compensation for medical bills, lost wages, and pain and suffering.
However, in some cases, you might also be entitled to recover exemplary damages. These are a special type of damage reserved for cases involving only the most egregious behavior. Keep reading below to learn all the details about exemplary damages, including what they are, when they are awarded, and how much they may be worth.
Definition of Exemplary Damages
You might also hear exemplary damages referred to as punitive damages. These are a special kind of damages that are not used to compensate the victim for their losses. Instead, these damages are awarded in addition to the losses suffered by the victim.
Exemplary damages are often considered when the defendant’s conduct was:
- Intentional
- Malicious
- Oppressive
- Grossly negligent
- Violent
- Reckless
Each state sets its own rules that determine when exemplary damages may be awarded. Judges and juries will consider all the facts of the case, especially the specifics of the defendant’s conduct, to determine whether exemplary damages are appropriate.
What Is the Purpose of Exemplary Damages?
The main type of damages awarded in personal injury claims is known as compensatory damages. As the name implies, these damages compensate victims for their losses. This includes both economic damages and non-economic damages.
Compensatory damages include items like:
- Medical bills
- Lost wages
- Lost benefits
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Loss of consortium
- Depression
- PTSD
- Anxiety
Exemplary damages, on the other hand, do not compensate the victim for a loss. Instead, these damages serve to punish the wrongdoer for their behavior.
They serve three main purposes:
- Punishment: Since these damages are reserved for cases involving the most reckless conduct, these damages are used to punish the defendant. Many defendants in personal injury cases do not face criminal charges; therefore, a large financial award of exemplary damages can serve as a form of punishment.
- Specific deterrent: Exemplary damages are imposed against a specific person or entity. This discourages the person from engaging in similar behavior in the future.
- General deterrent: If others see the award of exemplary damages, it discourages them from engaging in similar behavior.
The specific conduct involved in the case can have an effect on the value of any exemplary damages awarded in the case.
Are There Any Caps on Exemplary Damages in Missouri?
Some states place statutory caps on the amount of exemplary damages that may be awarded. Missouri law does place some limits on exemplary damages. In Missouri, exemplary damages are limited to the greater of:
- $500,000, OR
- Five times the net judgment against the defendant.
While this is the general rule, there are some special exceptions where the cap may be lifted. First, there is no limit on exemplary damages if the state of Missouri is the plaintiff. Additionally, the cap is removed if the defendant is convicted of a felony due to the conduct that caused the victim’s injuries.
Factors That Influence the Amount of Exemplary Damages
When determining the amount of exemplary damages, the judge or jury will consider several factors. Those factors may include:
- The egregiousness of the defendant’s conduct
- The duration of the conduct
- The financial ability of the defendant
- Whether the defendant profited from their conduct
The more outrageous the behavior, the higher the exemplary damages are likely to be.
When Are Exemplary Damages Awarded in Missouri?
Remember that exemplary damages are not available in all personal injury claims. In fact, they are not available in cases involving mere negligence.
The victim must prove 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.
If the conduct mentioned above is present, exemplary damages may be appropriate. These damages are common in cases involving intentional torts, such as assault. However, they can be present in typical injury cases, such as those resulting from a car accident.
For example, suppose the defendant was driving under the influence and traveling at an excessive speed. If they hit your car and cause you injuries, you may be owed exemplary damages because their conduct showed a “flagrant disregard for the safety of others.”
Contact a St. Louis Personal Injury Lawyer at Schultz & Myers Personal Injury Lawyers for a Free Consultation
If you have been injured in an accident in St. Louis, Schultz & Myers Personal Injury Lawyers can help. We can evaluate your claim and determine whether exemplary damages may be available in your case.
Contact us today at (314) 444-4444 to schedule a free consultation with a St. Louis personal injury lawyer and let us help you with every aspect of your claim.
