If you were injured by a drunk driver in Missouri, you may have two things working in your favor that most car accident cases lack: strong liability evidence generated by the criminal investigation, and the possibility of punitive damages. Missouri sets a high bar for punitives — clear and convincing evidence, and the court’s permission before they can even be pleaded — but impaired driving is conduct courts have allowed juries to consider.

Liability is often easier to establish than in other wrecks — but be precise: an arrest or charge is not a conviction, and the civil case must still be proven. What the criminal case produces is evidence — breath or blood results, the officer’s report, dashcam footage, and sometimes a guilty plea — and used correctly, that evidence is powerful in the civil claim.

Punitive damages are where it gets interesting. In most personal injury cases, you recover compensatory damages — medical bills, lost wages, pain and suffering. But Missouri allows punitive damages only in limited circumstances. Under RSMo § 510.261, the jury must find by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others — and the court must grant leave before a punitive claim may even be pleaded. Missouri courts have allowed juries to consider punitive damages against impaired drivers in appropriate cases, but whether they are available in your case depends on the specific evidence of impairment, the defendant’s conduct, and whether that statutory standard can be met. When awarded, punitive damages are designed to punish the defendant and deter others.

There may also be additional sources of liability and recovery beyond the drunk driver themselves. An experienced attorney will investigate every potential source of coverage and compensation to maximize your recovery.

Don’t settle for the first number the insurance company offers. Every case’s value turns on its own facts — but the aggravating circumstances of an impaired-driving crash are a factor your demand should fully account for. When you’re hurt, call Kurt. (417) 553-4898. Free consultation.

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If you’ve been injured, contact Benecke Injury Law at (417) 553-4898 for a free case review.