Missouri Punitive Damages Laws: Cap, Proof and State Lien (2026)

Missouri allows punitive damages, and for cases filed on or after August 28, 2020, Mo. Rev. Stat. 510.261 requires clear and convincing proof that the defendant "intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others." Section 510.265 generally caps the award against each defendant at the greater of $500,000 or five times the net amount of the judgment awarded to the plaintiff against that defendant, but the Supreme Court of Missouri held in Lewellen v. Franklin (2014) that the cap cannot be applied to a common-law fraud claim, and in All Star Awards & Ad Specialties, Inc. v. HALO Branded Solutions, Inc. (2022) it explained that the cap is barred only for a claim that existed in 1820 (or is analogous to one that did) and would then have supported punitive damages.

Missouri also takes a share: the State has a lien for 50% of a punitive damages final judgment, after attorney fees and expenses, for the Tort Victims' Compensation Fund (537.675). A punitive claim cannot appear in the first complaint, either side can require a two-stage trial, and health care providers face a stricter standard. For how other states compare, see punitive damages laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Missouri state law on punitive damages in civil cases: sections 510.261 to 510.265 as amended in 2020, the Tort Victims' Compensation Fund lien in 537.675, the medical malpractice rule in 538.210.8, and the other statutes and decisions named below. It does not cover compensatory or noneconomic damages limits in medical malpractice cases (see Missouri medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Missouri wrongful death law), federal claims, cases filed before August 28, 2020, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.

Does Missouri allow punitive damages?

Yes, within a statutory framework. Senate Bill 591 of 2020 enacted section 510.261 and amended sections 510.263 and 510.265, and section 510.262 makes those changes apply to cases filed on or after August 28, 2020. Section 510.261.1 opens with "Except as otherwise provided by statute," so a statute for a particular claim can set a different rule.

Two limits apply at the threshold:

• More than nominal damages. "Punitive damages may only be recovered if the trier of fact awards more than nominal damages or if the claim or claims for which nominal damages are solely awarded invoke privacy rights, property rights, or rights protected by the Constitution of the United States or the Constitution of the state of Missouri" (510.261.2).
• No judgment without the procedures. No judgment that includes a punitive damage award may be entered "unless the requirements and procedures for a punitive damage award contained in this section and sections 510.263 and 537.675 are met" (510.261.7).

Section 510.261.8 keeps in force "all common law limitations on punitive damages and all limitations on the recovery of punitive damages contained in other sections of the laws of this state," except to the extent they are expressly inconsistent with the section. Section 510.261.9 defines "punitive damage award" as "an award for punitive or exemplary damages or an award for aggravating circumstances."

What must be proven

Section 510.261.1 sets the standard and the burden:

"Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others."

Harm to nonparties. "The amount of punitive damages shall not be based, in whole or in part, on harm to nonparties" (510.261.6).

Employers and principals. Under 510.261.3, punitive damages can be awarded against an employer or other principal because of an agent's act "if, but only if":

1. The principal or a managerial agent authorized the doing and the manner of the act;
2. The agent was unfit and the principal or a managerial agent was reckless in employing or retaining the agent;
3. The agent was employed in a managerial capacity and was acting in the scope of employment; or
4. The principal or a managerial agent ratified or approved the act.

When an employer admits liability for an agent's actions on the compensatory claim, the court limits discovery to employment records and information about the agent's qualifications (510.261.4).

How a punitive claim is pleaded

"No initial pleading in a civil action shall contain a claim for a punitive damage award" (510.261.5). A later pleading with a punitive claim may be filed only with leave of court, on a written motion "filed no later than one hundred twenty days prior to the final pretrial conference in the case or, if there is no scheduled pretrial conference, one hundred twenty days prior to the date set for trial, that is supported by affidavits, exhibits, or discovery materials establishing a reasonable basis for recovery of punitive damages."

An opposing party may file its own affidavits, exhibits or discovery materials. The court grants leave if, after reviewing all of it, it concludes that based on the evidence to be admitted at trial "a trier of fact could reasonably conclude, based on clear and convincing evidence," that the punitive damages standards are met. It must rule within 45 days after a hearing on the motion, or, if there is no hearing, after the opposing party files its response (510.261.5).

Two older rules also remain on the books: where punitive damages are recoverable, "the petition shall state separately the amount of such damages sought to be recovered" (509.200), and when a jury allows them, "the amount thereof shall be separately stated in the verdict" (510.270).

Discovery of assets. "Discovery as to a defendant's assets shall be allowed only after a trial court has granted leave to file a pleading seeking punitive damages in accordance with subsection 5 of section 510.261" (510.263.8).

Is there a cap on punitive damages in Missouri?

Section 510.265.1 provides:

"No award of punitive damages against any defendant shall exceed the greater of: (1) Five hundred thousand dollars; or (2) Five times the net amount of the judgment awarded to the plaintiff against the defendant. Such limitations shall not apply if the state of Missouri is the plaintiff requesting the award of punitive damages, or the defendant pleads guilty to or is convicted of a felony arising out of the acts or omissions pled by the plaintiff."

The limit is measured per defendant, against the net judgment against that defendant. Subsection 2 takes Missouri Human Rights Act housing discrimination actions under 213.111 (those alleging violations of 213.040, 213.045, 213.050, or the related housing parts of 213.070) out of 510.261, 510.263 and 510.265 entirely.

Lewellen v. Franklin: the cap and common-law claims

In Lewellen v. Franklin, 441 S.W.3d 136 (Mo. banc 2014), the Supreme Court of Missouri held:

"Because the right to a jury trial in 1820 included the right to have a jury determine the amount of punitive damages in an action for fraud, section 510.265's cap on punitive damages awards is unconstitutional because the statute imposes a legislative limit on the jury's assessment of punitive damages when such limits did not exist in 1820."

The court distinguished statutory claims that did not exist in 1820: it noted that in Estate of Overbey (Mo. banc 2012) it had applied the cap to a claim under the Merchandising Practices Act. Lewellen was decided before the 2020 amendment of 510.265 (S.B. 591), and the revisor's annotation to the current section still cites it.

In All Star Awards & Ad Specialties, Inc. v. HALO Branded Solutions, Inc. (Mo. banc 2022), the court stated the test: "Statutory caps on punitive damages violate the right to a trial by jury as provided by article I, section 22(a) if the litigant's common law cause of action existed in 1820 and the claim would have supported a finding of punitive damages in 1820." If the claim did not exist in 1820 or is not sufficiently analogous to one that did, "the legislature may enact statutory limits on punitive damages." The court upheld the cap as applied to claims for civil conspiracy to breach the duty of loyalty and tortious interference with business expectancy. A common-law label alone does not take a claim outside the cap.

Statutes for particular claims that set their own limits

• Missouri Human Rights Act. "The sum of the amount of actual damages, including damages for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and punitive damages awarded under this section shall not exceed for each complaining party" actual back pay and interest plus $50,000, $100,000, $200,000 or $500,000, depending on whether the respondent has more than five and fewer than 101, more than 100 and fewer than 201, more than 200 and fewer than 501, or more than 500 employees (213.111.4).
• Long-term care residents' rights. In a resident's action, the court "may, in its discretion, award punitive damages which shall be limited to the larger of five hundred dollars or five times the amount of special damages, unless the deprivation complained of is the result of an intentional act or omission causing physical or emotional injury to the resident" (198.093.3).
• Old hard-rock mining and milling sites. Defendants "shall be exempt from punitive or exemplary damages" on covered claims so long as they "have made or are making good faith efforts to remediate such sites," and otherwise "the total of any awards of punitive or exemplary damages shall not exceed two million five hundred thousand dollars in the aggregate as to all defendants in a civil action within this section" (640.236).
• Hazardous substance cleanup. A person whose failure to clean up is willful is liable for "punitive damages not to exceed triple the cleanup costs incurred by the state"; prompt good-faith notification or a good-faith cleanup effort relieves punitive liability (260.530.1).
• Sections 314.100 to 314.115 and 408.250. For a willful violation, "punitive damages not to exceed one thousand dollars in the aggregate" (314.105).
• Foreclosure consultants. The court may award "exemplary damages equivalent to at least twice the compensation received by the foreclosure consultant" (407.943.1).
• Criminal record information. A person harmed by unlawful publishing may be awarded "an amount equal to ten thousand dollars or actual and punitive damages, whichever is greater" (407.1150.5).
• Cross-sex hormones or puberty blockers for minors. In an action under 191.1720.6 over prescribing or administering cross-sex hormones or puberty-blocking drugs to a minor for gender transition, a plaintiff may recover "punitive damages, without limitation to the amount and no less than five hundred thousand dollars in the aggregate," and the judgment is "three times the amount of any economic and noneconomic damages or punitive damages assessed" (191.1720.6(4)).
• Abusive website accessibility litigation. Under 537.1250.4, effective August 28, 2026, the court may award "punitive damages or sanctions not to exceed three times the amount of attorney's fees awarded by the court" against an initiator the trier of fact finds to be a defendant in abusive litigation. The section applies to litigation pending on August 28, 2026, and expires as to registered entities and the state and its political subdivisions if the U.S. Department of Justice issues website accessibility standards under Title III of the ADA and the Attorney General notifies the revisor of statutes (537.1250.6, .7).

The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Missouri verdicts; the punitive damages hub explains them.

Does the State of Missouri take part of the award?

Yes, in most cases that reach a punitive damages judgment. Section 537.675.3 provides:

"The state of Missouri shall have a lien for deposit into the tort victims' compensation fund to the extent of fifty percent of the punitive damage final judgment which shall attach in any such case after deducting attorney's fees and expenses."

How the lien works under 537.675.3:

• A party receiving a punitive damages judgment final for purposes of appeal must notify the Attorney General of the award, "except for actions claiming improper health care pursuant to chapter 538."
• "The state cannot enforce its lien until there is a punitive damage final judgment."
• "Cases resolved by arbitration, mediation or compromise settlement prior to a punitive damage final judgment are exempt from the provisions of this section."

Old mining sites are different. For claims under 640.236, "the provisions of section 537.675 shall not apply to such action, and one-half of any such awards for punitive or exemplary damages shall be paid into the Missouri lead abatement loan fund established under section 701.337."

Under federal law, punitive damages are generally taxable income, even when they arise from a physical injury (26 U.S.C. 104(a)(2)); the personal injury settlement amounts guide covers taxes.

How the amount is decided

Two-stage trial on request. "All actions tried before a jury involving punitive damages, including tort actions based upon improper health care, shall be conducted in a bifurcated trial before the same jury if requested by any party" (510.263.1).

• Stage one: the jury decides liability for compensatory damages, the amount of compensatory damages (including nominal damages) and whether the defendant is liable for punitive damages. "Evidence of defendant's financial condition shall not be admissible in the first stage of such trial unless admissible for a proper purpose other than the amount of punitive damages" (510.263.2).
• Stage two: if the jury finds the defendant liable for punitive damages, the same jury sets the amount, and "evidence of such defendant's net worth shall be admissible during the second stage of such trial" (510.263.3).

Judicial review. "The doctrines of remittitur and additur, based on the trial judge's assessment of the totality of the surrounding circumstances, shall apply to punitive damage awards" (510.263.6).

Credit for earlier punitive awards. Within the time for a new-trial motion, a defendant may ask the court to credit the jury's punitive award with punitive damages it previously paid in any state or federal court "arising out of the same conduct" (510.263.4). The defendant bears the burden. The court disallows the credit if the earlier award rested on different conduct or the defendant "unreasonably continued the conduct after acquiring actual knowledge of the dangerous nature of such conduct," and may disallow it where the other court's punitive damages law substantially and materially deviates from Missouri's. The credit does not apply to claims for libel, slander, assault, battery, false imprisonment, criminal conversation, malicious prosecution or fraud (510.263.5).

Several liability only. "The defendants shall only be severally liable for the percentage of punitive damages for which fault is attributed to such defendant by the trier of fact" (537.067.2).

Medical malpractice

Section 538.210.8 sets a stricter rule for health care providers:

"Any provision of law or court rule to the contrary notwithstanding, an award of punitive damages against a health care provider governed by the provisions of sections 538.205 to 538.230 shall be made only upon a finding by the jury that the evidence clearly and convincingly demonstrated that the health care provider intentionally caused damage to the plaintiff or demonstrated malicious misconduct that caused damage to the plaintiff. Evidence of negligence including, but not limited to, indifference to or conscious disregard for the safety of others shall not constitute intentional conduct or malicious misconduct."

For that chapter, "punitive damages" means "damages intended to punish or deter malicious misconduct or conduct that intentionally caused damage to the plaintiff, including exemplary damages and damages for aggravating circumstances" (538.205(11)). Improper health care actions under chapter 538 are excluded from the 537.675 lien, and the two-stage trial rule in 510.263.1 expressly includes them. A personal injury or death claim that can be made under chapter 538 cannot be brought under the Merchandising Practices Act (407.025.3). For noneconomic damages limits and the rest of a malpractice claim, see Missouri medical malpractice law.

Wrongful death: aggravating circumstances

Missouri's wrongful death statute, 537.090, provides: "The mitigating or aggravating circumstances attending the death may be considered by the trier of the facts, but damages for grief and bereavement by reason of the death shall not be recoverable." Because 510.261.9 defines a "punitive damage award" to include "an award for aggravating circumstances," the 2020 standard, pleading rule and procedures in 510.261 govern those awards, and 510.261.7 bars a judgment including one unless the requirements of 510.261, 510.263 and 537.675 are met. Who may sue, the beneficiaries and the deadlines are on the Missouri wrongful death page.

Government defendants

"No award for damages on any claim against a public entity within the scope of sections 537.600 to 537.650, shall include punitive or exemplary damages" (537.610.3). For claims against a state officer or employee for official conduct that would give rise to a cause of action under 537.600, the state legal expense fund is liable "excluding punitive damages" (105.711.5).

Employment claims

• Whistleblower discharge. A protected person under 285.575 has "a private right of action for actual damages for violations of this section but not for punitive damages." On clear and convincing proof that the employer's conduct was "outrageous because of the employer's evil motive or reckless indifference to the rights of others," the person "may receive double the amount awarded" as liquidated damages, and 510.263 applies "as though liquidated damages were punitive damages" (285.575.5, .7).
• Service letters. A corporation that violates the service-letter statute is "liable for compensatory but not punitive damages," but if the employer "did not issue the requested letter," it "may be liable for nominal and punitive damages"; no punitive award may be based on the letter's content (290.140.2).
• Employment references. An employer who violates 290.152.2 "shall be liable for compensatory damages but not punitive damages" (290.152.5).
• Human Rights Act. Actual and punitive damages are capped together by employer size (213.111.4), described above.

Other statutes that authorize punitive damages

• Merchandising Practices Act. "The court may, in its discretion: (1) Award punitive damages" (407.025.2).
• Trade secrets. "If misappropriation is outrageous because of the misappropriator's evil motive or reckless indifference to the rights of others, the court may award punitive damages" (417.457.2). The section sets no multiplier of its own.
• Wiretapping. A person whose wire communication is intercepted, disclosed or used in violation of sections 542.400 to 542.422 may recover actual damages "but not less than liquidated damages computed at the rate of one hundred dollars a day for each day of violation or ten thousand dollars whichever is greater," plus "Punitive damages on a showing of a willful or intentional violation" and attorney fees (542.418).

Insurer insolvency. A "covered claim" of the Missouri property and casualty guaranty association does not include "any amount awarded as punitive or exemplary damages" (375.772).

Missouri punitive damages at a glance

Recent changes

• 2020: Senate Bill 591. Enacted 510.261 (standard, burden, leave to plead) and amended 510.263 and 510.265, for cases filed on or after August 28, 2020 (510.262). It also amended the Merchandising Practices Act section, 407.025.
• 2025: COVID-19 rule expired. Section 537.1020, which limited punitive damages in COVID-19 related actions to nine times compensatory damages, expired on August 28, 2025, and is no longer in effect.
• 2026: new provisions. Section 537.1250 (abusive website accessibility litigation), with its punitive damages or sanctions limit of three times attorney fees, took effect August 28, 2026. Senate Bill 916 of 2026 amended 537.610, effective the same day; the bar on punitive damages against public entities in subsection 3 remains.

Related pages

• Punitive damages laws by state
• Missouri wrongful death law
• Missouri medical malpractice law

This article provides general legal information about Missouri punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Missouri.

Last updated: 2026-10-18.

Frequently Asked Questions

Does Missouri allow punitive damages?

Yes. For cases filed on or after August 28, 2020, Mo. Rev. Stat. 510.261 allows them, except as otherwise provided by statute, when the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.

Is there a cap on punitive damages in Missouri?

Section 510.265 generally limits punitive damages against a defendant to the greater of $500,000 or five times the net amount of the judgment awarded to the plaintiff against that defendant, with exceptions when the State is the plaintiff or the defendant is convicted of or pleads guilty to a related felony. The Supreme Court of Missouri held in Lewellen v. Franklin (2014) that the cap cannot be applied to a fraud claim, because a jury set punitive damages for fraud in 1820; in All Star Awards (2022) it upheld the cap for common-law claims that did not exist in 1820 or would not then have supported punitive damages. Some claim statutes, such as the Missouri Human Rights Act (213.111.4), set their own limits.

Does Missouri take part of a punitive damages award?

Generally yes. Under 537.675.3 the State has a lien for 50% of a punitive damages final judgment, after attorney fees and expenses, for the Tort Victims Compensation Fund. Actions for improper health care under chapter 538 are excluded, cases resolved by settlement, mediation or arbitration before a punitive final judgment are exempt, and old hard-rock mining site claims send half to the Missouri lead abatement loan fund instead (640.236).

Can a Missouri complaint ask for punitive damages?

Not the initial pleading. Section 510.261.5 requires leave of court for any later pleading with a punitive claim, on a written motion filed at least 120 days before the final pretrial conference or trial date and supported by affidavits, exhibits or discovery materials establishing a reasonable basis for recovery. Leave is granted only if the court concludes that a trier of fact could reasonably find, based on clear and convincing evidence, that the punitive damages standards are met.

Are punitive damages available in a Missouri medical malpractice case?

Only on a jury finding that the evidence clearly and convincingly demonstrated that the health care provider intentionally caused damage or demonstrated malicious misconduct that caused damage; under 538.210.8, evidence of negligence, including indifference to or conscious disregard for the safety of others, is not enough. The 537.675 State lien does not apply to these actions.

Are punitive damages available in a Missouri wrongful death case?

Section 537.090 lets the trier of fact consider the aggravating circumstances attending the death, and 510.261.9 defines a punitive damage award to include an award for aggravating circumstances, so the 2020 standard and procedures in 510.261 govern those awards.

Are punitive damages available against a Missouri government entity?

No award on a claim against a public entity within the scope of the sovereign immunity statutes, 537.600 to 537.650, may include punitive or exemplary damages (537.610.3). For claims against state officers or employees of the kind covered by 537.600, the state legal expense fund also excludes punitive damages (105.711.5).

Are punitive damages available in a Missouri wrongful discharge case?

Not under the whistleblower statute, 285.575, which gives a private right of action for actual damages but not punitive damages. It allows double damages as liquidated damages on clear and convincing proof that the employer acted outrageously because of evil motive or reckless indifference.