Type of damages our law firm's seroius injury & wrongful death lawyers can collect in Kansas, Missouri, and Federal Courts
When you are involved in an accident and sustain a personal injury there are several different types of damages you may be eligible to recover. Damages occur when someone’s negligence or intentional actions result in injury or harm to someone else. You may be able to recover damages for such things as loss of ability to earn income, medical bills, property damage, pain and suffering and even the loss of the ability to enjoy life. An experienced Kansas or Missouri personal injury lawyer should be able to help you understand your right to compensation and what damages you are entitled to recover.
Types of damages available in personal injury and wrongful death cases in Kansas and Missouri:
Generally, damages are classified as compensatory or punitive. Compensatory damages are awarded to the plaintiff to reimburse him or her for the financial burden they incurred due to the defendant’s negligence or intentional harm. This means, if you are involved in an accident through no fault of your own you may be entitled to seek recovery for all of the financial loss and/or emotional duress you endured as a result of the accident. The damages you are entitled to recover may be limited if you are partially responsible for your injuries.
Compensatory damages for injury lawsuits in Kansas, Missouri, and Federal Court:
The compensatory damages you may experience from a tort are usually categorized as general damages and special damages. General damages allow you to seek recovery for the non-monetary aspects of your injury or damages. This includes things such as pain and suffering, impaired ability to live as you did before your accident, loss of a loved one and loss of reputation. It is often difficult to quantify, or calculate, the monetary value of such losses. A personal injury lawyer should be able to help you determine the respective value of all your general damages based on state and federal laws in place to regulate and measure such things.
General damages may also include calculations of your loss of ability to enjoy life as well; these are called hedonic damages. Hedonic damages are calculated based on the value of human life and are highly contested in some states, as the value of human life is highly subjective and difficult to accurately and fairly calculate. Not all states will allow you to sue for hedonic damages. Therefore, it is important that you consult a personal injury lawyer from your state to see what types of damages you may pursue compensation for in court.
Special damages, on the other hand, allow you to seek recovery for the monetary expenses you accrued due to your injury or harm. Things like medical bills, lost wages and cost of repairing damaged property could be compensated to you under special damages. You should consult a personal injury lawyer in your state to help you determine what types of damages you are eligible to recover.
Punitive damages, designed to punish wrongdoers, are available in certain Kansas City area personal injury and wrongful death cases:
The purpose of punitive damages is to punish a defendant and to deter a defendant and others who are similarly situated from committing similar acts in the future. A Plaintiff has the burden of proving that punitive damages should be awarded, and the amount or a punitive damage award, by a preponderance of the evidence. In Kansas and Missouri, unitive damages may be awarded only if defendant's conduct was malicious, or in reckless disregard of plaintiff's rights or the rights of the public in general.
Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring another. Conduct is in reckless disregard of plaintiff's rights if, under the circumstances, it reflects complete indifference to the safety and rights of others.
Court costs and attorney's fees are available in some Kansas and Missouri serious injury & wrongful death cases
If a personal injury case is settled in favor of the plaintiff, he or she may also have recourse to recover some of the expenses of taking the case to court. These court costs would include filing and process server fees, obtaining deposition and court transcripts, and payment to translators. There are some instances in which a plaintiff may also be able to recover attorney and expert witness fees, but this is not as common.