Personal injury accidents can cause distressing physical and emotional changes that can last for years, or even a lifetime. The state of Missouri has procedures in place to assist individuals in receiving compensation for their suffering because of someone else’s negligence. The calculation of pain and suffering can be challenging, but it is crucial to understand the steps involved. This article will provide an overview of Missouri’s personal injury laws, including what determines pain and suffering, and how you can calculate it.

Personal Injury Laws in Missouri

In Missouri, personal injury lawsuits provide victims with compensation for injuries they have endured because of another’s negligent actions. The state has a two-year time limit for filing a personal injury lawsuit, meaning victims must file their claims within two years from the accident’s date.

Personal injury lawsuits in Missouri typically revolve around negligence, which is the failure to exercise reasonable care in such a way as to cause harm to others. The plaintiff must demonstrate that the defendant had a duty of care, that they breached that duty, and that the breach harmed the plaintiff.

What is Pain and Suffering?

Pain and suffering are damages in a personal injury lawsuit that cover an individual’s emotional and physical suffering. They are subjective, hard-to-quantify losses that can arise from various accidents, including car accidents, workplace injuries, and slip-and-fall accidents.

Pain and suffering can encompass physical pain and discomfort, emotional distress, mental anguish, inconvenience, and the loss of enjoyment of life. Often, determining the extent to which pain and suffering harms someone can be challenging, making it a critical issue in personal injury litigation.

Calculating Pain and Suffering in Missouri

Calculating pain and suffering amounts in Missouri typically involves an exact calculation that follows one of two methods:

1. The Per Diem Approach

The per diem approach calculates pain and suffering by assigning a dollar value for each day since the accident occurred up to the trial date. In other words, the approach argues that every day a victim suffers, they should be compensated financially.

The per diem approach typically considers various factors such as the extent of the injuries, how the accident changed a person’s lifestyle, and how it has affected an individual’s emotional well-being. The factors that may influence the value assigned per day can include:

• Emotional distress
• Physical pain
• Loss of enjoyment of life
• The extent of injuries
• Length of recovery time

The per diem value assigned to each day can vary significantly, and the final value that a judge or jury assigns depends on the circumstances of the case.

2. Single Lump Sum Approach

The lump sum method assigns a single dollar value for the entire time that a victim has suffered. This approach considers the same factors as the per diem approach, with the primary difference being the quantification method. The single lump sum can come in larger amounts than the per diem approach.

The method has the advantage of making payments more comfortable to finalize since there are no additional payments due. However, the payment may not fully reflect ongoing pains and suffering, emotional distress, medical expenses, and lost wages.

Other Factors To Consider When Calculating Pain and Suffering

There are additional factors that Missouri judges may consider when determining pain and suffering in personal injury lawsuits. These include the following:

• Comparative Fault: If a plaintiff is partially at fault for an accident, their compensation can be reduced by a percentage of the fault.
• Pre-Existing Conditions: If an individual had prior injuries before the accident, those injuries can affect their pain and suffering compensation.
• Nature of the Accident: The extent of an accident or injury can have an impact on the value of pain and suffering damages.

Conclusion

Personal injury accidents can result in severe and often long-term damages from physical and emotional effects. Missouri’s personal injury laws include provisions for receiving compensation for pain and suffering resulting from someone else’s negligent actions.

The methods of calculating pain and suffering damages can be challenging since they require assessing various subjective factors. Missouri law takes into account factors such as lost wages, lost enjoyment of life, and emotional distress. While no amount of financial compensation can change an accident’s effects, it can provide assistance in paying medical bills, lost wages, and other expenses arising from the accident.