When a car accident injures you, the bills for medical care and lost paychecks are clear financial losses. You know you need compensation for these costs. However, your claim should cover more than just those bills.
Missouri law recognizes your nonfinancial burdens, often called “noneconomic damages.” These are the “hidden costs” of your injury, such as pain and suffering. They frequently form the most significant part of what you have truly lost.
What Missouri courts recognize as suffering
“Pain and suffering” is a broad term. It includes both the physical pain and the serious psychological harm caused by the crash. Noneconomic compensation aims to acknowledge the profound emotional disruption to your life.
In Missouri, nonfinancial harm includes:
- The impact of chronic physical pain
- Mental anguish (like anxiety, depression or PTSD)
- Permanent physical impairment or disfigurement
- Loss of capacity to enjoy life
If your injuries stop you from pursuing a favorite hobby or spending time with family, that loss has value. You deserve compensation for these life-altering changes.
Valuing an intangible loss
Since pain is subjective, insurance companies often try to undervalue your suffering. There is no simple recipe for distress. Skilled attorneys use established methods to determine a fair value.
A standard tool is the “multiplier method.” This technique multiplies your measurable losses (bills and lost wages) by a number, typically between 1.5 and 5, based on injury severity. Another method is the “per diem” approach, which assigns a daily rate for the pain that lasts throughout your recovery.
To support this valuation, experienced attorneys use evidence beyond simple bills, such as:
- Detailed medical reports and psychological evaluations
- Your personal pain journal
- Testimony from family or friends about life changes
This evidence translates your personal experience into a clear, tangible value.
The Missouri damage question
Does Missouri law limit the money you can recover for these losses? For the vast majority of car accident claims, the answer is no.
While Missouri imposes caps in specific areas, such as medical malpractice and claims against the government, standard negligence-based car accident cases are generally uncapped for both noneconomic and punitive damages, allowing juries to award the full compensation they believe is fair.
Obtaining fair compensation for intangible losses, such as pain and suffering, typically requires the services of a skilled and experienced car accident attorney who understands how to translate distress into demonstrable value and can take on insurers who seek to minimize your pain.