Legal Question in Personal Injury in Missouri

Re: Pain & Suffering Cap

No--at present there is no cap on damages in Missouri. effective 8/28/2005 there will be caps on non-economic damages in medical malpractice cases only, although look for the legislature to extend this cap to all cases in the future. However, all cases have practical limits on damages such as the amount of insurance coverage available, the nature of the injury, the liability of the responsible parties. For instance, if the accident was the one in Liberty, the condition of the bus brakes will determine who was at at fault and your ability to recover. But the answer to your question is "no" for now. Call me if you want to discuss the matter further. Richard C. Miller at (816) 361-5550. See our website at www.mmmpaLaw.com for more information. I am sorry to hear about the accident and hope your child is recovering.

Re: Pain & Suffering Cap

In Missouri, there is no cap on the damages for a child hurt in a school bus accident. The official jury instruction tells the jury to award that amount of damages that is fair and reasonable considering the circumstances. Under current law, there is also no hurry - a child has until his 26th birthday to file an injury claim. That said, the law can always be changed, especially considering the current makeup of our legislature - rights can be taken away. Feel free to contact me if you have more questions.