When a personal injury or medical malpractice case goes to court, the jury may award the victim both actual damages and punitive damages for their injury claim. Actual damages are those that compensate the victim for costs such as medical care, property damage, rehabilitation and lost income. They also cover harder to define losses such as loss of companionship, pain and suffering, lost earning capacity that are related to the accident. Punitive damages or exemplary damages refer to monetary compensation that is awarded to an injured person that goes beyond what is necessary to compensate that person for their losses. The purpose of punitive damages is to punish the defendant for wrong doing. To receive punitive damages the victim must be able to prove that the defendant was not just negligent, but knowingly and willfully caused harm. There are limits on punitive damages in both Kansas and Missouri.
The attorneys at the Kansas City Accident Injury Attorneys can determine if your Kansas City injury case qualifies for punitive damages.