Legal Question in Personal Injury in Missouri

Re: Tort law

NO!!! In fact, punitive damages are rarely awarded, contrary to insurance company arguments.

Punitive damages are only given when there is clear and convincing evidence (the same standard as criminal charges require) of a high level of misdeed by a defendant. Usually, this means intentional wrongdoing, or such disregard for the rights of others that the defendant must have been "consciously" deciding to disregard the rights of others to have acted as he did.

Re: Tort law

No.

Punitive damages are only awarded in those rare cases where there is evidence that supports such an award. Usually this means evidence of intentional wrongdoing, or conduct that is tantamount to that intentional wrongdoing.

Punitive damages are subject to review by appellate courts that routinely reduce them. The trial court in the infamous Robert Courtney case cut the punitive damages down significantly, as just one example.