- Can I Sue for Pain and Suffering in Missouri - Ryan R. Cox & Associates, LLC

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When a personal injury puts your life on hold, Missouri law gives you the right to take legal action against the at-fault party. A successful personal injury lawsuit, such as for a car or motorcycle accident, can permit you to recover compensation for losses such as injury-related medical expenses, lost income, and reduced capacity to earn. However, it is also worth remembering that you may be eligible to recover compensation for less tangible losses, such as pain and suffering that was caused or contributed to be caused by the at-fault party’s negligence.

 

What Is Considered Pain and Suffering in a Missouri Personal Injury Case?

In Missouri, pain and suffering encompasses the physical pain, psychological distress, emotional anguish, and loss of enjoyment of life an individual experiences due to their injuries. This can include things like chronic pain, phobias, anxiety, depression, PTSD, and the inability to participate in activities they once enjoyed.

How Is Pain and Suffering Calculated in Missouri?

Calculating non-economic losses can be challenging, as they are subjective and vary from case to case. However, insurance companies typically apply several standard methods:

  • Multiplier Method – This method involves multiplying the total economic damages (medical expenses, lost wages, etc.) by a number between 1.5 and 5, depending on the injuries’ severity and their impact on the individual’s life.
  • Per Diem Method – This method assigns a daily dollar value to the pain and suffering, then multiplies that by the number of days the individual experienced the pain and suffering. However, this method is prohibited in Missouri.
  • Reviewing Past Jury Awards – Attorneys and insurance companies can also look at past jury awards in similar cases to determine a reasonable amount for pain and suffering damages.

 

Are There Caps on Non-Economic Damages in Missouri?

In Missouri, there are caps on non-economic damages, including compensation for pain and suffering, but these caps only apply in medical malpractice cases. There are no caps on non-economic damages in other types of personal injury cases, such as traffic accidents or slip-and-fall accidents.

Is There a Deadline to Sue for Pain and Suffering?

Missouri has a legal deadline to file a lawsuit for pain and suffering damages. This deadline is known as the statute of limitations. In most personal injury cases, the statute of limitations requires you to file a lawsuit within five years of the accident date. However, there are some exceptions, such as in cases involving wrongful death, which have a three-year statute of limitations. It’s important to speak with a knowledgeable Missouri personal injury attorney as soon as possible to ensure your claim is filed within the limitations period.

 

Contact Ryan R. Cox & Associates, LLC

 

The pain and suffering from an accident can be overwhelming. In many cases, these subjective losses can be even more debilitating and devastating than the economic losses resulting from an injury. The compassionate legal team at Ryan R. Cox & Associates, LLC, wants to help you recover the full and fair compensation you deserve for the devastation you endured. Let us support and advocate for you in your time of need. Contact us today for a free personal injury case review.