Lawsuit AmountsSt Louis Wrongful Death Answers

What Is The Dollar Limit On The Amount Of Recovery In A Missouri Wrongful Death Case?

By November 20, 2020No Comments

Unless the death is the result of medical malpractice, there is no limit on the amount of a recovery (by settlement or verdict) in a Missouri wrongful death case. In 2005, Missouri instituted a cap on non-economic damages (i.e., for pain and suffering) in medical malpractice cases. This cap (applicable to all proper plaintiffs collectively), which is set at $350,000.00, does not apply to economic damages (such as medical bills and lost wages) or punitive damages.

However, on November 2, 2011, the Missouri Supreme Court heard arguments in case in which the Plaintiffs were awarded $9.2 million in non-economic damages for the wrongful medical malpractice death of Ronald Sanders, challenging the non-economic damage cap. The Plaintiffs argued that the cap on damages denies the Plaintiffs its constitutional right to a jury trial since the legislature has placed a cap on the award. The Supreme Court has not yet ruled on this case.

If you need an experienced Wrongful Death Attorney in St Louis, call me at (314) 872-2120. The call is free – I’ll answer your questions and likely ask you a few as well.

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