Understanding Damages in Missouri Personal Injury Cases

When you suffer an injury because of someone else's negligence, the law does not simply acknowledge that you were hurt. It requires the responsible party to make you whole. In Missouri, that means compensating you for every harm you have endured — not just the medical bills, but the pain, the lost time, the disruption to your daily life, and the future consequences you will carry forward.

Too many injury victims accept the first settlement an insurance company offers without understanding the full scope of what they are owed. That first offer almost never reflects the true cost of your injuries. Understanding what damages are available under Missouri law puts you in a stronger position to fight for fair compensation.

What Are Damages in a Personal Injury Case?

Damages represent the monetary compensation a court awards to someone who has been injured by another person's negligence. They are not a windfall or a lottery prize. They are the legal system's best attempt to restore you to the position you occupied before the injury happened.

Missouri recognizes two broad categories of damages in personal injury cases: economic damages and non-economic damages. In rare cases involving extreme misconduct, punitive damages may also be available.

Economic Damages: The Costs You Can Count

Economic damages compensate you for financial losses that carry a specific dollar amount. These are the damages that come with receipts, statements, and records. They include:

Past medical expenses. Every doctor visit, emergency room trip, surgery, prescription, physical therapy session, and diagnostic test related to your injury. Keep every bill and receipt. Insurance companies will scrutinize gaps in treatment, so maintaining thorough records matters.

Future medical expenses. Many injuries require ongoing care. A herniated disc may need future surgery. A traumatic brain injury may require years of rehabilitation. Your compensation should account for the care you will need going forward, not just the care you have already received.

Lost wages. If your injury forced you to miss work, you deserve compensation for that lost income. This includes salary, hourly wages, bonuses, commissions, and any other earnings you would have received.

Future lost earning capacity. Some injuries permanently change your ability to work. A construction worker who suffers a spinal cord injury cannot return to the same job. A surgeon who loses fine motor function in her hands faces a fundamentally different career trajectory. Future earning capacity accounts for the difference between what you could have earned and what you can now earn.

Other out-of-pocket costs. Transportation to medical appointments. Home modifications for wheelchair access. Childcare expenses you incurred because your injury prevented you from caring for your children. These costs add up, and they belong in your damages calculation.

Non-Economic Damages: The Harms You Feel

Non-economic damages compensate you for losses that do not have a price tag but are no less real. Missouri law recognizes that injury affects more than your bank account. It affects your quality of life.

Physical pain and suffering. This is not an abstract concept. It is the sharp pain that wakes you at three in the morning. The dull ache that follows you through every hour of every day. The burning sensation in your lower back when you try to pick up your child. Missouri juries consider the nature, extent, and duration of your pain when determining fair compensation.

Emotional distress. Serious injuries often carry psychological consequences. Anxiety about driving after a car accident. Depression from losing the ability to do the things you once enjoyed. Fear about your financial future. These emotional harms are real, they are documented by medical professionals, and they deserve compensation.

Loss of enjoyment of life. Before your injury, you coached your daughter's soccer team. You hiked on weekends. You played guitar with friends on Friday nights. If your injury has taken these activities from you — partially or completely — that loss has value.

Loss of consortium. When an injury damages the relationship between spouses, the uninjured spouse may have a separate claim. Loss of consortium covers the loss of companionship, affection, and partnership that the injury has disrupted.

Disfigurement and disability. Scars, amputations, and permanent physical limitations carry their own compensable harm beyond the medical costs of treating them. A visible scar on a young person's face affects their daily experience in ways that persist for decades.

How Missouri Courts Calculate Damages

Missouri does not use a rigid formula to calculate personal injury damages. There is no multiplier that automatically converts medical bills into a settlement number. Instead, Missouri juries evaluate the totality of the evidence and exercise their judgment.

For economic damages, the calculation is relatively straightforward. Medical records, billing statements, employment records, and expert testimony from economists and life-care planners establish the financial losses with specificity.

Non-economic damages require more nuance. Juries hear testimony from the injured person, their family members, treating physicians, and sometimes mental health professionals. They consider how the injury has changed the person's daily life, relationships, and future prospects.

In Carlson v. K-Mart, the Missouri Supreme Court addressed the standard for evaluating damages, reinforcing that juries have broad discretion in determining fair compensation based on the evidence presented. This principle protects injury victims by ensuring that each case is evaluated on its own facts rather than shoehorned into an artificial formula.

Comparative Fault and Its Effect on Damages

Missouri follows a pure comparative fault system. This means that even if you were partially responsible for the accident, you can still recover damages. Your total award is reduced by your percentage of fault.

If a jury determines that your damages total $200,000 but you were 25 percent at fault, your recovery would be $150,000. Unlike some states that bar recovery once fault exceeds a certain threshold, Missouri allows you to recover damages regardless of your fault percentage.

Insurance companies know this. They will try to inflate your share of the blame to reduce what they owe. An experienced attorney can counter these tactics by presenting evidence that accurately reflects what happened.

What Insurance Companies Do Not Want You to Know

Insurance adjusters are not working for you. They represent the company that will pay your claim, and their goal is to pay as little as possible. Here are common tactics they use to reduce your damages:

The quick settlement offer. An adjuster may contact you within days of your accident with what sounds like a generous offer. It rarely is. They are hoping you will accept before you understand the full extent of your injuries and the true value of your claim.

Recorded statements. Adjusters may ask you to give a recorded statement about the accident. Anything you say can be used to argue that your injuries are less severe than claimed or that you share more fault than the evidence supports.

Surveillance. Insurance companies sometimes hire private investigators to follow injury victims. They are looking for footage that contradicts your reported limitations — a video of you carrying groceries when you claimed you cannot lift more than ten pounds.

Disputing medical treatment. Adjusters may argue that certain treatments were unnecessary, that your injuries were pre-existing, or that you waited too long to seek care. Each of these arguments is designed to shrink your damages number.

The Importance of Documenting Your Damages

Strong damages claims depend on strong evidence. From the moment of your injury, everything you document strengthens your position:

• Photograph everything. The accident scene, your injuries, the damage to your vehicle, the hazard that caused your fall. Photograph your injuries as they heal, too. The progression tells a story.

• Keep a pain journal. Write down your pain levels each day, what activities you cannot do, how your injury affects your sleep, your mood, your relationships. This contemporaneous record is powerful evidence.

• Save every receipt. Medical bills, pharmacy receipts, mileage logs for trips to the doctor, receipts for assistive devices. Every dollar you spend because of your injury is a recoverable economic damage.

• Follow your treatment plan. Insurance companies look for gaps in treatment as evidence that your injuries are not serious. Attend every appointment. Follow every recommendation. If you need to stop a treatment, make sure your doctor documents the reason.

• Do not post on social media. Insurance companies and defense attorneys routinely monitor injured plaintiffs' social media accounts. A photograph of you smiling at a birthday party can be used to argue that your pain and suffering are exaggerated.

When to Contact an Attorney

The earlier you involve an attorney, the better positioned your case will be. Evidence disappears. Witnesses forget details. Missouri's statute of limitations under RSMo § 516.120 gives you five years to file a personal injury lawsuit, but the strongest cases are built from the earliest possible moment.

An attorney can preserve critical evidence, communicate with insurance companies on your behalf, retain the right experts to value your damages, and fight for the compensation that reflects the true impact of your injuries.

FAQ

What is the average personal injury settlement in Missouri?

There is no meaningful average because every case is different. A minor fender-bender with soft tissue injuries produces a different result than a catastrophic spinal cord injury. Your settlement depends on the severity of your injuries, the strength of liability evidence, your economic losses, and the impact on your quality of life.

Can I recover damages if I was partially at fault?

Yes. Missouri follows pure comparative fault, meaning you can recover even if you were mostly at fault. Your award is reduced by your percentage of responsibility. If you were 40 percent at fault and your damages total $100,000, you would recover $60,000.

How long does a personal injury case take in Missouri?

Timelines vary widely. A straightforward case with clear liability and moderate injuries might settle in several months. Complex cases involving severe injuries, disputed liability, or multiple defendants can take two years or longer to resolve, whether through settlement or trial.

Do I have to go to court to get fair compensation?

Most personal injury cases settle before trial. However, insurance companies sometimes offer fair compensation only when they believe the injured person is genuinely willing to take the case to a jury. Having an attorney who prepares every case for trial — even when settlement is the goal — strengthens your negotiating position.

What if the insurance company denies my claim?

A denial is not the end of your case. Insurance companies deny claims for many reasons, and those reasons are not always valid. An attorney can review the denial, gather additional evidence, negotiate with the insurer, and file a lawsuit if necessary.

If you've been injured, you deserve someone who fights for you. Contact OTT Law at (314) 794-6900 for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact OTT Law at (314) 794-6900 for a free consultation specific to your situation.