Punitive Damages in Missouri
Punitive damages — also called exemplary damages — go beyond compensating your losses. They punish defendants for especially egregious or reckless conduct. Here is what you need to know about qualifying for and recovering punitive damages in Missouri.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
5 years
Filing Deadline
$12,000 – $60,000
Avg Comp. Damages
When Are Punitive Damages Available in Missouri?
In Missouri, punitive damages require proof beyond ordinary negligence. Plaintiffs typically must show clear and convincing evidence that the defendant acted with malice, fraud, oppression, or conscious disregard for others' safety. Reckless driving, drunk driving, and intentional misconduct are common qualifying scenarios.
Missouri operates under Pure comparative fault. Punitive damage awards are made in addition to compensatory damages and are reduced if you share comparative fault.
Many states cap punitive damages at 2–3× compensatory damages or a fixed dollar limit. Some states require a portion of punitive awards to be paid to a state victim compensation fund. Consult a Missouri attorney for the current statutory limits applicable to your case.
Key Facts About Missouri Injury Law
Missouri applies pure comparative fault — injured plaintiffs can recover compensation regardless of their percentage of fault, with the damages award reduced proportionally by the percentage attributed to the plaintiff under Missouri Supreme Court precedent.
Missouri provides a notably long 5-year statute of limitations for personal injury claims under § 516.120 RSMo, giving injured victims substantially more time to investigate, treat their injuries, and decide whether to pursue litigation.
Missouri does not require no-fault PIP auto insurance and operates as a traditional at-fault tort state, meaning the at-fault driver's liability insurance is responsible for covering medical expenses, lost wages, and pain and suffering damages.