In Missouri, pain and suffering damages are not calculated by a specific formula or standard guide. Instead, these damages depend on factors such as the seriousness of your injuries, your recovery time, long-term effects, and how your accident impacts your daily life.
Courts, juries, and insurance companies decide how much to award for pain and suffering using supporting evidence like medical records, doctor and therapist testimony, your own account, and whether similar cases received compensation in the past.
Contact a car accident attorney in St. Louis today to pursue compensation — call (314) 300-6260.
Factors That Increase Pain and Suffering Compensation
Pain and suffering awards are influenced by how much an injury disrupts a person’s life, both in the short- and long-term. Certain details tend to lead to higher compensation:
- Severity of the injury: More severe injuries, especially those requiring surgery or long hospital stays (EX: spinal cord or traumatic brain injuries), generally lead to greater pain and suffering awards.
- Length and difficulty of recovery: Recovery periods that are long, involve painful rehabilitation, or require repeated medical treatment increase value.
- Chronic pain and the need for ongoing treatment: Persistent pain or ongoing requirements for therapy, medication, or medical care support a larger claim.
- Permanent disability or impairment: If the injury causes ongoing disabilities, such as paralysis, this will increase the compensation.
- Visible scarring or disfigurement: Facial scars, burns, lost limbs, or marks where others can easily see them are strong evidence and increase amounts awarded for pain and suffering and emotional distress.
- Impact on work, hobbies, and daily activities: If your injury means you can’t perform your job, pursue your interests, or enjoy your usual life, this loss plays a significant role in pain and suffering awards.
All of these factors are evaluated together, which is why documenting every way the injury affects your life helps support a higher claim.
Common Methods Used to Estimate Pain and Suffering
There’s no required formula for pain and suffering damages in Missouri, but insurance adjusters and St. Louis personal injury attorneys often reference two common methods to help estimate what’s fair. These are calculation tools, not legal rules. Here’s how they generally work:
Multiplier Method
With the multiplier method, you first total up your economic damages – usually your medical bills, property damage, and lost wages, and then multiply that amount by a certain number to account for pain and how your injury changed your life.
- Typical multipliers range from 1.5 to 5, depending on the specifics of your injuries.
- Lower numbers may be used for short-term pain or minor injuries; the most serious cases get higher numbers, reflecting more severe or lifelong suffering and disability.
For example, if you have $10,000 in medical expenses and your case calls for a 3x multiplier, your pain and suffering portion would be $30,000.
Per Diem Method
The per diem method means assigning a daily dollar value to the pain and daily losses from your accident, then multiplying that number by the number of days you are likely to be affected by those difficulties.
- Both sides can negotiate a fair per day rate based on injury details and then tally up the days, from the date of injury until you reach maximum medical improvement or full recovery.
- For instance, if your recovery took 200 days and you set each day at $150, your pain and suffering amount would be $30,000.
Both tools serve as starting points in negotiation, but ultimately each claim’s value will depend on documentation, testimony, and the facts of the case.
If you have any questions about damages and what you’re entitled to, contact us today to schedule a free consultation.