Most Southern Missouri personal injury cases involve both economic and non-economic damages. Economic damages refer to the compensation you seek for your losses with tangible value, like medical expenses and lost wages. Non-economic damages refer to the compensation you seek for your losses with intangible value, like the physical pain and emotional suffering you experienced.
While calculating the value of your medical expenses and lost wages can be fairly straightforward, calculating the value of pain and suffering can be far more challenging. Since the pain and suffering you experience after an injury is subjective, it’s essential to work with a skilled lawyer who can help you place a fair value on it.
Factors Contributing to Pain and Suffering Calculations
Pain and suffering compensation calculations are based on the severity of your injuries and the impact your injuries have on your daily life. In general, the more severe and extensive your injuries are, the more your pain and suffering will be worth. More severe injuries often lead to more pain, including chronic pain, and can leave you with long-term or permanent disability.
It’s vital that you work with a lawyer who can estimate the future impact your injuries will have on your life. It’s not only your past pain and suffering you need to seek compensation for, but also your future pain and suffering.
The Role of Comparative Fault in Missouri Damages Calculations
Missouri uses a pure comparative fault rule for cases where the plaintiff (the person bringing suit) is found to be partially at fault for the incident that caused their injuries. This rule reduces the plaintiff’s damages by a percentage equal to their degree of fault. For example, if you are found to be 15 percent at fault, you can only recover 85 percent of your damages from the liable party.
Note that the comparative fault rule only applies directly to trial verdicts, not out-of-court settlements. However, insurance companies make their decisions based on what they think will happen at trial, and they might try to convince you that you are partially to blame for your injuries in order to pay you less. Remember, the insurance company is only looking out for its best interests and the best interests of its client, not you. For these reasons, working with a personal injury attorney who can reduce your degree of fault and maximize your compensation is vital.
Pain and Suffering Calculation Methods
The two main methods for calculating pain and suffering damages in settlements are the multiplier and per diem methods. Which method is best for you will depend on the circumstances of your case, and a skilled attorney can help you make that determination:
- Multiplier Method – This method assigns a value between one and five to your pain and suffering and multiplies your economic damages by that value to get your non-economic damages.
- Per Diem Method – This method assigns a dollar value per day for your pain and suffering. You then multiply the number of days you suffered by this value to get your non-economic damages.
Something to keep in mind is that Missouri doesn’t have a cap on pain and suffering damages other than in medical malpractice cases. This means that a significant portion of your damages may come from your pain and suffering.
Contact Our Missouri Personal Injury Lawyers
If you were injured in a Southern Missouri accident, Privette Law Office is here to help. We have extensive experience recovering pain and suffering damages for our clients. For example, we recovered $399,000 for a client injured in a high-speed head-on collision with a Missouri State Highway Patrol Trooper, leading to significant injuries and future pain and suffering.
Contact us today for a free case evaluation with an experienced personal injury lawyer. During your initial consultation, one of our lawyers will review the details of your case, explain your options for seeking the compensation you deserve, and help you estimate the value of your pain and suffering.