When considering the dynamics of a St. Louis County motorcycle case, attorneys typically research any factors that might increase the defendant’s fault, such as texting while driving or driving while intoxicated. Factors like these will increase the case’s value due to punitive damages. In Missouri, half of any punitive damages recovered go to the state, meaning that if someone obtains a large verdict based on punitive damages, those damages will be cut in half, pursuant to state statute.
However, just as a person’s award could increase depending on how egregious a person’s negligence is, an award could also decrease based on the level of fault belonging to their plaintiff. Missouri is a pure comparative fault state, meaning that a person’s compensation award would be decreased by the percentage for which the plaintiff is at fault for. For example, if a victim is 20% responsible for the accident and was awarded a $100,000, the victim would only be able to recover $80,000.