Licensed in Missouri and Kansas

Two Limitations That Can Affect Your Compensation

For the most part, the amount of money you get in a personal injury lawsuit is related to how hurt you are and your level of damages. This is why its called compensation; the money makes up for the loss you suffered because of someone else’s negligence.

As such, the more hurt you are and the more damages you have, the more money compensation you should get. However, that is not always the case. This is because there are limits that sometimes apply to your compensation. Here are two that I’ve seen in my years practicing as a personal injury lawyer in Kansas City.

Limit 1: Insurance limits.

Although it’s not a legal limit on compensation, the amount of insurance the negligent party has will often limit the amount of your recovery.

You can get more than the at-fault part’s insurance, but collecting more than the policy limits is sometimes not worth the time, money, and effort to collect it. This is particularly true in car crash cases where the at-fault party is an individual. Insurance limits are often small in those cases, and getting compensation beyond policy limits can be like squeezing blood from a turnip.

Limit 2: Damage caps.

Some states have laws limiting the amount of money you can recover in a personal injury case.

Missouri has such a law, but it only applies to a few types of cases. In medical malpractice cases, there’s a limit to the amount of compensation you can recover for pain and suffering. In cases against the government, there’s an overall limit to compensation, but it increases every year to adjust for inflation.

These are the two main types of limits on personal injury lawsuits. These limits apply no matter how great your damages are. If you have $1,000,000.00 in damages, but these limits apply, then unfortunately you do not get your full measure of compensation. There may be other limits to your recovery.

If you’ve suffered catastrophic loss because of someone else’s negligence and have questions about money compensation, we are here to help. Call our office at 816-867-8611 for a free consultation.