Understanding “Pain and Suffering” in Missouri Car Accident Cases

What is “Pain and Suffering” in Missouri personal injury law cases like car accidents?

Commonly, in general conversation, people have heard of “pain and suffering” in the context of personal injury law.  Often, when people talk about it, it is being discussed in the context of what amount of money a claim might be worth.  So, how do things that do not come with a specific price or receipt come to mean money where Missouri residents have been injured in car accidents, by dangerous conditions on premises, or by dangerous products?

Missouri personal injury law allows juries to assign a price (dollars and cents) to the physical, mental, and emotional pain and stress that an individual experiences as a result of an injury. This includes not only the physical pain but also the mental anguish and emotional trauma that accompany the injury. For example, if someone suffers from bodily pain and mental distress associated with being bedridden in an uncomfortable neck brace after breaking their neck in a car accident, there is no specific price associated with the discomfort that person would have avoided but-for the injury caused by another, but a jury would likely be empathetic to the circumstance and assign that experience its own significant monetary value.  That, in addition to what the medical bills totaled or the neck brace itself costs or the income lost.

Often, when dealing with unrepresented individuals, insurance companies’ adjusters will have you identify your medical costs and lost wages and try to settle for that amount (or, some amount above it).  While you should be compensated for those hard / real / economic costs incurred, what about your time spent in agony, distressed, alone, afraid, hoping to heal, and worried for your future?  That has real value.

In Missouri, individuals can seek compensation for pain and suffering when it is connected to a physical injury. This encompasses mental distress in most circumstances.  The courts recognize that pain and suffering are valid components of damages in personal injury cases, provided they are a result of the defendant’s negligent, wrongful, or careless actions.

Additionally, in a case where someone’s injuries resulted in their death, Missouri law allows for the recovery of damages for pain and suffering that the deceased person experienced between the time of injury and the time of death. This ensures that, even though the deceased persons cannot themselves be compensated for the terror, pain, and suffering the deceased endured prior to passing, their beneficiaries can make that part of the wrongful death case.

In summary, pain and suffering in Missouri personal injury law can be a massive part of the monetary value any personal injury case if presented appropriately to an insurance company and/or jury.  Pain endured and suffering experienced should not be overlooked or minimized.  If your instincts are telling you that the insurance company is not giving appropriate credit for your pain and suffering, call an experienced injury attorney.

To have a thorough discussion of the potential value of your pain and suffering with an experienced Missouri injury attorney, call or contact McDuffey & Medcalf, LLC now.  If we move forward with your personal injury case, we will take the time to present your pain and suffering in a real way that includes the physical, mental, and emotional distress associated with your injuries.