When someone is injured in an accident, the financial losses—like medical bills and lost wages—are often easy to calculate. But what about the pain, stress, and emotional toll that comes with an injury? That’s where pain and suffering come in. This is one of the most misunderstood aspects of personal injury claims, yet it plays a crucial role in securing fair compensation.
Pain and suffering extend beyond the physical damage; they encompass the emotional struggles, loss of enjoyment in life, and psychological trauma that follow an accident. For many victims, the true burden of an injury isn’t just the hospital bills or the missed workdays—it’s the sleepless nights, the anxiety of returning to daily activities, and the frustration of being unable to do things they once loved.
Missouri law acknowledges that these non-economic damages are just as significant as tangible costs, yet proving and quantifying them remains one of the biggest challenges in personal injury cases. Without proper documentation and legal support, insurance companies may undervalue or dismiss these damages entirely.
Understanding how Missouri law views pain and suffering, how it’s calculated, and how insurance companies approach it can help injury victims maximize their claims. In this article, we’ll break down these crucial factors and explain how you can ensure that your suffering is fully recognized in your claim.
What Is Pain and Suffering?
Pain and suffering refers to the physical pain and emotional distress an injury victim endures because of someone else’s negligence. Unlike economic damages (medical bills, lost wages), these claims are considered non-economic damages because they don’t have a fixed dollar amount attached.
There are two primary types of pain and suffering:
- Physical – Ongoing discomfort, chronic pain, and limitations caused by an injury. This can include persistent headaches, nerve damage, or mobility issues that interfere with daily life. It also includes long-term conditions that may require future medical treatment or therapy.
- Emotional – Psychological effects such as anxiety, depression, PTSD, and loss of enjoyment of life. These emotional impacts can be just as debilitating as physical pain, preventing individuals from maintaining relationships, returning to work, or enjoying hobbies they once loved.
For example, someone injured in a car accident may suffer from daily back pain (physical) and develop severe anxiety about driving again (emotional). A victim of a severe dog bite may not only have scarring and nerve pain but also develop a deep fear of dogs, limiting their ability to feel comfortable in public spaces. Both physical and emotional suffering are taken into account when calculating a personal injury settlement.
Pain and suffering damages aim to compensate victims for these real, often life-altering consequences of an injury. The goal is to acknowledge the difficulties they endure and provide financial relief that helps them move forward with their lives.
Common Misconceptions
Many people have misconceptions about how pain and suffering work in personal injury claims. Here are some of the most common myths:
- Pain and suffering only cover physical pain.
- In reality, emotional and psychological distress are also compensable. Mental health conditions, such as depression or PTSD, can significantly impact a person’s life.
- Pain and suffering are automatically included in settlements.
- Insurance companies don’t hand out these damages freely. Victims must prove their suffering through medical records, expert testimony, and personal statements.
- There’s a set formula for calculating pain and suffering.
- While there are common methods (such as the multiplier method), there is no single standard for calculating these damages. Each case is unique.
- Only severe injuries qualify for pain and suffering compensation.
- Even minor injuries can cause significant emotional distress or chronic pain that impacts a person’s daily life. The severity of the injury is just one factor in determining compensation.
- You must go to trial to receive pain and suffering damages.
- Many personal injury claims are settled out of court, and these types of damages can be negotiated as part of a settlement without going to trial.
- Pain and suffering damages are purely subjective and can’t be proven.
- While pain and suffering are intangible, they can be substantiated with medical records, psychological evaluations, pain journals, and witness testimony.
How Missouri Law Treats Pain & Suffering
Missouri law recognizes pain and suffering as a valid damage category in personal injury claims. Under Mo. Rev. Stat. § 537.010, injury victims have the right to pursue compensation for both economic and non-economic damages.
Key Points:
- No cap on pain and suffering in most personal injury cases (such as car accidents or slips and falls).
- Medical malpractice cases have caps on non-economic damages:
- Around $450,000 for standard cases.
- Up to $800,000 for catastrophic injuries (paralysis, brain damage).
- These limits are adjusted annually for inflation under Mo. Rev. Stat. § 538.210.
- Courts consider factors like the severity of injuries, the impact on daily life, and medical expert testimony.
Missouri courts assess pain and suffering claims by evaluating medical records, the victim’s testimony, and expert opinions. The extent to which an injury affects a person’s quality of life plays a crucial role in determining damages. Each case is unique, and there is no fixed formula for calculating compensation, which allows attorneys to argue for higher amounts based on the circumstances.
This means that in Missouri, pain and suffering damages are largely based on the specifics of each case, rather than a predetermined limit. Understanding these laws and working with an experienced attorney can help injury victims receive the compensation they deserve.
How Insurance Companies Minimize Payouts
Insurance companies often try to minimize payouts for pain and suffering. They employ various strategies to limit compensation, including:
- Using Software to Reduce Payouts: Many insurers rely on software programs, such as Colossus, which assign arbitrary values to pain and suffering based on injury types rather than individual circumstances.
- Questioning the Severity of Injuries: Adjusters may argue that an injury is not as severe as claimed, especially if medical documentation is limited or if the victim delays seeking treatment.
- Blaming Pre-existing Conditions: Insurers often try to attribute pain and suffering to previous medical conditions rather than the accident itself.
- Pressuring Victims to Settle Quickly: Insurance companies may offer quick, low settlements before victims fully understand the long-term effects of their injuries.
- Delaying or Denying Claims: Some insurers deliberately delay processing claims to frustrate victims into accepting lower settlements.
Understanding these tactics and working with a skilled personal injury attorney can help victims counter these strategies and secure fair compensation for their pain and suffering.
Proving Pain and Suffering in a Claim
To get fair compensation for pain and suffering, solid evidence is necessary. The stronger the proof, the higher the likelihood of receiving a fair settlement. Here are key ways to document pain and suffering:
- Medical Records – Diagnoses, treatment history, and doctor’s notes supporting pain levels.
- Psychological Evaluations – If suffering from PTSD, anxiety, or depression, therapy records can be valuable.
- Pain Journals – Keeping a daily journal detailing pain levels, mobility issues, and emotional struggles.
- Witness Testimonies – Statements from family, friends, or coworkers about how the injury has changed daily life.
The more documentation available, the harder it is for insurance companies to dispute pain and suffering claims.
The Role of Pain & Suffering in Personal Injury Claims
Pain and suffering are essential components of personal injury claims, but require strong legal advocacy to secure fair compensation. Understanding how Missouri law treats pain and suffering, how insurance companies try to minimize it, and how to prove these damages can make all the difference.
If you or a loved one has been injured, Price & Randle Injury Attorneys can help you navigate the legal process and fight for the compensation you deserve. Contact us today for a free consultation.
