Non-economic damages in Missouri car accident claims are compensation for losses that don’t have receipts or bills attached. This means you get money for the human costs of an accident, like physical pain, emotional suffering, and life changes that money cannot easily measure.
These damages are different from economic damages, which cover things like medical bills and lost wages. While economic damages pay for expenses you can add up with a calculator, non-economic damages recognize that a car accident affects your life in ways that go far beyond money.
Missouri law allows you to seek both types of damages after a car accident. The goal is to make you whole again, not just financially but as a person who has been through a traumatic experience.
Types of Non-Economic Damages You Can Recover After a Car Accident
Missouri recognizes several types of non-economic damages in car accident cases. Each one addresses a different way the crash has changed your life beyond just the bills you’ve received.
Understanding these categories helps you see the full picture of what you’ve lost. Insurance companies often focus only on your medical expenses, but your suffering goes much deeper than that.
Pain and Suffering
Pain and suffering covers the physical discomfort your injuries have caused. This includes the immediate pain from the crash and any ongoing pain that affects your daily life.
Chronic pain, stiffness, headaches, and mobility problems all count as pain and suffering. Even if your injuries heal, the pain you experienced during recovery is compensable under Missouri law.
Emotional Distress
Car accidents are traumatic events that can leave lasting psychological scars. Emotional distress damages compensate you for mental health struggles that result from the crash.
This includes anxiety about driving, depression from dealing with injuries, and post-traumatic stress disorder, all of which are forms of compensable emotional distress under Missouri law. These are real injuries that deserve compensation, even if you can’t see them on an X-ray.
Loss of Enjoyment of Life
When injuries prevent you from doing activities you used to love, you’ve lost something valuable. Loss of enjoyment of life damages recognize this loss and provide compensation for it.
Examples include being unable to play sports, missing family activities, or giving up hobbies that brought you joy. If the accident changed how you experience life, this damage category applies to you.
Disfigurement or Disability
Permanent physical changes from your injuries qualify for additional compensation. Disfigurement includes visible scars, burns, or other changes to your appearance that affect how you feel about yourself.
Disability covers lasting limitations that affect your independence or ability to function normally. This might include losing the use of a limb or having permanent mobility restrictions.
Loss of Consortium
This damage type applies when a serious injury affects your marriage or family relationships. Your spouse can file a separate claim for loss of consortium if your injuries have harmed your relationship.
Loss of consortium covers the loss of companionship, affection, and intimacy that results from your injuries. It recognizes that serious accidents don’t just hurt the victim but also their loved ones.
Are There Caps on Non-Economic Damages in Missouri Car Accidents?
Missouri does not place a cap on non-economic damages for car accident claims. This is important news because it means there’s no legal limit on what you can recover for pain and suffering.
Some states put artificial limits on these damages, but Missouri lets juries decide what’s fair based on your specific situation. Your compensation depends on the strength of your evidence, not an arbitrary cap set by lawmakers.
However, Missouri does cap non-economic damages in medical malpractice cases (malpractice caps). These caps don’t apply to car accidents, so you don’t need to worry about them affecting your claim.
The lack of caps means your case’s value depends entirely on proving how the accident has affected your life. Strong evidence and legal representation from our skilled St. Louis auto accident attorneys become even more important when there are no artificial limits.
How Are Non-Economic Damages Calculated in Missouri?
There’s no exact formula for calculating non-economic damages because these losses are personal and subjective. Insurance companies and attorneys use different methods to estimate a fair value for settlement negotiations.
The goal is to put a dollar amount on experiences that can’t be easily measured. This requires looking at how the accident has changed your life and what compensation would be fair.
Multiplier Method
The multiplier method estimates non-economic damages by multiplying your economic damages by a factor chosen to reflect the severity and duration of your injuries. More severe injuries get higher multipliers because they cause more suffering.
For example, using the multiplier method you multiply your economic damages by a factor that reflects the severity of your injuries to estimate non-economic damages. The multiplier depends on factors like how long your recovery took and whether you have permanent limitations.
Per Diem Method
The per diem method assigns a daily dollar amount to your suffering. This amount is often based on what you earned per day before the accident.
That daily rate is then multiplied by the number of days you’re expected to experience pain and suffering. This method works better for shorter recovery periods where you can predict when the pain will end.
What Factors Influence Value?
Several key factors affect how much your non-economic damages are worth:
- Severity of injuries: More serious injuries that cause greater pain and limitations typically result in higher awards
- Length of recovery: Longer healing times mean more days of suffering, which increases the value
- Permanent effects: Injuries that leave lasting limitations or require ongoing treatment are worth more
- Age and lifestyle: Younger people and those with active lifestyles may receive higher awards because they have more years of reduced enjoyment ahead
- Quality of evidence: Strong medical records and credible testimony about your suffering increase your case value
How Do You Prove Non-Economic Damages?
Proving non-economic damages requires showing how the accident has affected your life beyond just the medical bills. Since these damages don’t come with receipts, you need different types of evidence to build a strong case.
Insurance companies often try to minimize these damages because they’re harder to measure. Having the right evidence makes it much harder for them to dispute what you’ve been through.
Medical and Mental Health Evidence
Your medical records are crucial for proving non-economic damages. Doctor’s notes that document your reported pain levels, physical limitations, and emotional symptoms directly link your suffering to the accident.
Treatment records from physical therapy, counseling, and pain management also support your claim. Prescription histories for pain medication or antidepressants provide additional proof of your ongoing struggles.
Personal Documentation and Testimony
Your own account of how the injuries have changed your life carries significant weight. Keep a daily journal documenting your pain levels, emotional state, and difficulties with normal activities.
Photos and videos can show the impact of your injuries in ways that words cannot. Before-and-after pictures of your injuries, videos of your limited mobility, or recordings of your daily struggles all help prove your non-economic damages.
Family members and friends can testify about changes they’ve observed in you since the accident. Their statements about how you’ve become less active, more withdrawn, or unable to participate in family activities provide outside perspective on your suffering.
Work and Daily Life Impact
Evidence showing how your injuries have affected your job and personal life strengthens your claim for non-economic damages. Employment records showing missed work, reduced responsibilities, or career changes all demonstrate the accident’s impact.
Documentation of activities you’ve had to give up or modify also supports your case. If you can no longer coach your child’s team, play in a recreational league, or maintain your home the way you used to, this evidence shows your loss of enjoyment of life.
What Can Reduce or Increase Non-Economic Damages?
Several factors can either strengthen or weaken your claim for non-economic damages. Understanding these issues helps you protect the full value of your case and avoid mistakes that could cost you money.
Some factors are within your control, while others depend on the specific circumstances of your accident. Being aware of both types helps you make better decisions during your recovery and claim process.
Comparative Fault in Missouri
Missouri follows a pure comparative fault system, which means your compensation gets reduced by your percentage of fault for the accident. If you’re found to be 37% fault for the crash, your total award decreases by 37%.
This rule applies to all damages, including non-economic ones. For example, if your total damages are worth $100,000 but you’re 30% at fault, you’d receive $70,000 instead.
Strong evidence proving the other driver was primarily responsible becomes crucial for protecting your non-economic damages. Even small amounts of fault assigned to you can significantly reduce your compensation.
Prior Conditions and Treatment Gaps
Insurance companies often argue that your pain comes from pre-existing conditions rather than the accident. While having prior injuries doesn’t prevent you from recovering damages, you must prove the accident made your condition worse.
Gaps in your medical treatment can weaken your claim because insurers argue that if you were really suffering, you would have sought consistent care. Regular treatment shows the ongoing nature of your pain and limitations.
Clear medical opinions linking your current symptoms to the accident help overcome these challenges. Your doctors need to explain how the crash aggravated existing conditions or caused new problems.
Social Media and Credibility Issues
What you post online can hurt your case if it contradicts your injury claims. Insurance companies routinely check social media profiles for evidence that undermines your claim for non-economic damages.
Photos showing you engaged in physical activities while claiming severe limitations can seriously damage your credibility. Even innocent posts can be taken out of context and used against you.
The best approach is to avoid posting about your activities, injuries, or mood on social media until your case resolves. Privacy settings don’t guarantee protection because posts can still be discovered through legal proceedings.
When Should You Settle a Pain and Suffering Claim?
Timing your settlement correctly is crucial for maximizing your non-economic damages. Settling too early often means leaving money on the table because you don’t yet know the full extent of your losses.
Our experienced Missouri auto accident law firm recommends waiting until you have a clear picture of your long-term prognosis. This patience usually results in better settlements that truly compensate you for all your suffering.
Maximum Medical Improvement
Maximum Medical Improvement happens when your doctor determines your condition has stabilized and isn’t likely to get better with more treatment. Reaching this point gives you and your attorney a clear picture of your permanent limitations.
Before MMI, it’s impossible to know whether you’ll make a full recovery or have lasting problems. Settling before this point means guessing about your future pain and limitations, which usually results in inadequate compensation.
Once you reach MMI, your doctor can provide opinions about your need for future treatment, permanent restrictions, and ongoing pain levels. This information is essential for calculating the full value of your non-economic damages.
Strategic Settlement Timing
After reaching MMI, your attorney can make a comprehensive settlement demand that includes all your economic and non-economic damages. This demand should account for both past suffering and future pain you’re likely to experience.
Understanding the at-fault driver’s insurance policy limits also affects settlement timing. If your damages exceed their coverage, you may need to look to your own underinsured motorist coverage or consider other options.
Some cases benefit from filing a lawsuit even if settlement negotiations are progressing. The formal legal process can pressure insurance companies to make better offers and gives you access to additional evidence through discovery.
Missouri Auto Accident Law… It’s All We Do
At Beck & Beck Missouri Car Accident Lawyers, we understand that non-economic damages represent some of the most significant losses you’ve suffered.
Our firm has obtained substantial awards for clients, including significant recoveries for non-economic damages. Our experience with Missouri juries and insurance companies helps us build strong cases that maximize your compensation for pain, suffering, and lost enjoyment of life.
Contact us to discuss your case and to learn about our availability and fee arrangements.
FAQ
Can I recover non-economic damages if I was partially at fault for my Missouri car accident?
Yes, Missouri’s pure comparative fault law allows you to recover non-economic damages even if you were partially responsible, but your award will be reduced by your percentage of fault.
How long do I have to file a claim for pain and suffering damages in Missouri?
You have five years from the date of your car accident to file a personal injury lawsuit in Missouri under the statute of limitations, but it’s important to start the process much sooner to preserve evidence.
Will my health insurance company try to take money from my non-economic damages?
Health insurance companies can only seek reimbursement from economic damages like medical expenses, not from non-economic damages like pain and suffering.
What if the other driver doesn’t have enough insurance to cover my non-economic damages?
Your own underinsured motorist coverage can help bridge the gap if the at-fault driver’s policy limits are insufficient to cover your full damages.
Do I need to see a mental health professional to claim emotional distress damages?
While not required, documentation from mental health professionals strengthens your emotional distress claim by providing professional opinions about your psychological injuries.
Can my spouse file their own claim for how my injuries affected our marriage?
Yes, in Missouri your spouse can file a separate loss of consortium claim for how your injuries have impacted your marital relationship and their life.
