Two kinds of damages

Damages is the legal word for money awarded in a lawsuit. There are two main kinds.

Missouri rewrote many of these limits in 2020. The new rules apply to lawsuits filed on or after August 28, 2020.

The high bar you must clear

To get punitive damages in Missouri, you must prove one of two things (RSMo § 510.261):

• The other side hurt you on purpose, without a good reason.
• The other side acted with a deliberate and flagrant disregard for the safety of others.

You must prove it by “clear and convincing” evidence. That is a higher bar than the rest of an injury case. For most of your case, you only need to show something is more likely true than not. Here, the proof has to be much stronger.

Plain carelessness is not enough. A driver who looked away for a second does not meet this test. But some conduct can raise the question. Driving while very drunk is one example. That is why punitive damages come up often in drunk driver accident cases.

Other limits in the law

• The jury must award you more than a token amount for your actual losses first, with a few exceptions.
• The amount cannot be based on harm to people who are not part of the case.
• A company can be made to pay punitive damages for an employee’s act only in certain cases. For example, a manager approved the act, or the company was reckless in hiring or keeping an unfit worker.
• When several people are sued, each pays only its own share of punitive damages.

You need the court’s permission

In Missouri, you cannot ask for punitive damages when you first file your lawsuit. You have to ask the judge for permission later.

Here is how that works:

1. Your lawyer files a written request with the court.
2. The request must include proof, like sworn statements or documents.
3. It must be filed at least 120 days before the final pretrial meeting, or before trial.
4. The other side can respond with its own proof.
5. The judge decides if a jury could find clear and convincing proof.

The judge must rule within 45 days after a hearing, or after the other side responds. The other side’s finances can only be looked into after the judge says yes.

How the trial works

Either side can ask for a trial in two parts, with the same jury.

• Part one: The jury decides fault, your actual losses, and whether punitive damages are owed. The other side’s wealth usually stays out of it.
• Part two: If the jury says punitive damages are owed, it hears about the other side’s net worth. Then it sets the amount.

The judge can lower or raise the amount in some cases. A defendant who already paid punitive damages for the same conduct elsewhere can ask for credit, with some exceptions.

The limit on the amount

The limit does not apply in some cases:

• When the State of Missouri is the one asking for punitive damages.
• When the defendant pleads guilty to, or is convicted of, a felony for the same conduct.
• Certain housing discrimination cases.

Also, in 2014 the Supreme Court of Missouri held that the limit cannot be applied to some older kinds of claims, like fraud, where a jury has always decided the amount. Whether the limit applies to your claim depends on the kind of claim.

The state takes a share

If you win punitive damages at trial and the judgment becomes final, the state has a claim to half of it. This is figured after attorney fees and costs. The money goes into the state’s Tort Victims’ Compensation Fund.

This rule does not apply to cases that settle before a final judgment. It also does not apply to medical care cases.

Common questions

Related reading

• Drunk driver accident claims
• Truck accident claims
• Missouri comparative fault
• Fraud claims