If you or a loved one has suffered a traumatic brain injury (TBI) in Kansas or Missouri because of another party’s negligence, you are entitled to compensation for your economic and non-economic damages (compensatory damages). Beyond compensatory damages, personal injury claimants may be awarded punitive damages, which are intended to punish the defendant and deter similar conduct in the future. But can you recover punitive damages after a TBI in Kansas or Missouri? And if so, are there restrictions on the amount you can recover? Below is what you need to know if you are pursuing a TBI claim in Kansas or Missouri.
Defining Punitive Damages
Punitive damages, also called exemplary damages, differ from compensatory damages. While compensatory damages are designed to reimburse victims for losses such as medical costs, lost wages, pain and suffering, and emotional distress, punitive damages focus on punishing the defendant. Punishment is meant to give claimants a sense of justice and prevent others from engaging in the same behavior in the future.
However, because of the role that punitive damages play (punishing defendants), which is not the focus of personal injury claims, these damages are awarded in limited cases. Generally, to recover punitive damages, the plaintiff must show that the defendant’s behavior went beyond mere negligence.
Can You Recover Punitive Damages in Kansas?
You can recover punitive damages after a TBI in Kansas, but the state has strict rules for these damages. According to K.S.A. § 60-3701, a claimant can only pursue punitive damages if the court allows them. First, you must file a motion and present evidence that clearly and convincingly proves that the defendant acted with willful or wanton conduct, or engaged in malice or fraud. If the court agrees, you can proceed with your claim for punitive damages.
Kansas also imposes strict caps on the amount of punitive damages that can be awarded. In most cases, punitive damages are capped at the lesser of $5 million or the defendant’s highest gross annual income earned in the five years preceding the misconduct. But, if the court determines that the defendant profited significantly from the misconduct, the cap can be increased to 1.5 times the profit gained (or is expected to be gained) from the wrongful conduct.
Can You Recover Punitive Damages in Missouri?
If you have a TBI claim in Missouri, you may be able to recover punitive damages. Nevertheless, Missouri also has strict rules governing these damages. According to RSMo § 510.261, punitive damages are only recoverable if the claimant proves that the defendant acted with intentional or blatant disregard for the safety of others.
Missouri also has strict caps on how much courts can award as punitive damages. Under Missouri law, punitive damages are capped at the greater of $500,000 or five times the net amount of compensatory damages awarded to the plaintiff. However, there are exceptions to this rule. The cap is not applicable if:
- The defendant admits guilt or is convicted of a felony related to the actions that caused the injury (for example, felony DUI), or
- The case pertains to specific civil rights discrimination cases.
Therefore, while punitive damages may be available after a TBI in Kansas or Missouri, the legal requirements are high, and statutory limits can affect how much you recover.
Contact Us for Legal Help
For help recovering the compensation you deserve after a TBI in Kansas or Missouri, contact our experienced brain injury counsel at Griggs Injury Law.
