In Missouri, a personal injury claim is when someone is hurt due to another person’s negligence or intentional wrongdoing. This can be situations like car accidents, slip-and-falls, or workplace injuries. In a personal injury claim, the goal is to compensate for the victim’s losses. Which can include medical bills, lost wages, and property damage. However, personal injury claims can also compensate for the less obvious but equally impactful aspects of an injury -like pain and suffering. Pain and suffering refers to the physical and emotional distress the victim experienced as a result of their injury. In this blog, we will be discussing the grounds for suing for pain and suffering in Missouri.
What is Pain and Suffering?
Pain and suffering is a form of non-economic damage. Meaning it doesn’t have a clear monetary value like medical bills or lost wages. However, Missouri law allows victims to seek compensation for these damages.
Some examples of pain and suffering include:
- Chronic pain from injuries that never fully heal.
- Anxiety about future health or work prospects.
- PTSD from a traumatic event, like a serious accident.
Can You Sue for Pain and Suffering in Missouri?
Yes, in Missouri you can sue for pain and suffering as part of a personal injury claim. This compensates the victim for their physical injuries and the emotional and mental distress caused by the incident. Some examples where suing for pain and suffering may be an option include car accidents, medical malpractice, and slip-and-fall accidents. All of these situations can cause life-altering damages, making suing for pain and suffering a viable option to compensate victims.
How Are Pain and Suffering Damages Calculated?
In Missouri, calculating pain and suffering damages varies on your case. Here are two main methods of determining how pain and suffering damages are calculated in Missouri:
- The Multiplier Method: This approach takes the total amount of your tangible damages, like medical bills or lost wages, and multiplies it by a number between 1.5 and 5, depending on the severity of your pain and suffering, the higher the multiplier.
- The Per Diem Method: With this method, you’re assigned a daily rate for your suffering, and it’s multiplied by the number of days you’ve dealt with the injury. The daily rate can be based on factors like your income or the seriousness of your injury.
Several factors affect how much compensation you might get, including:
- Severity of injury: Serious injuries usually result in more compensation.
- Impact on daily life: If your injury keeps you from working or doing daily activities, it can increase your compensation amount.
- Recovery time: If the injury causes ongoing pain or will affect you long-term, it could lead to a higher amount of compensation.
Limits on Pain and Suffering Damages in Missouri
In Missouri, there are limits on pain and suffering damages, depending on the type of case.
For medical malpractice cases, Missouri law has a limit on how much you can receive for non-economic damages like pain and suffering. In 2024, the limit is around $450,000 for standard malpractice cases, but for more severe injuries, such as paralysis or brain damage, the limit is higher, closer to $800,000. Limits are typically adjusted each year depending on the economic state.
In other personal injury cases, like car accidents or slip-and-fall incidents, there aren’t specific limits on pain and suffering damages. The amount awarded will depend on the severity of your injuries, how they impact your life, and how long it takes you to recover.
Seeking Compensation for Pain and Suffering in Missouri
Suing for pain and suffering in Missouri is possible in many personal injury cases. Including car accidents, medical malpractice, and more. The amount of compensation you are entitled to depends on the severity of your injury, the impact on your life, and Missouri’s legal limits for non-economic damages.
If you’re dealing with the aftermath of an injury and want to explore your options for compensation, it’s important to have an experienced attorney on your side. Contact Wegmann Law Firm today to get personalized legal guidance and ensure you get the compensation you deserve.
