Introduction
When you’re injured due to someone else’s negligence, you may be entitled to compensation for more than just medical bills and lost wages. One of the most complex and often misunderstood components of a personal injury settlement is “pain and suffering.” In Missouri, this non-economic damage plays a critical role in determining the full value of your claim. But how is it calculated, and what factors influence the final amount?

This guide breaks down the legal definition of pain and suffering, the methods used to calculate it, and how a skilled personal injury attorney can help you secure fair compensation.

What Is Pain and Suffering?

Pain and suffering refers to the physical and emotional distress caused by an injury. It’s a legal term that encompasses a wide range of experiences, including:

  • Physical pain and discomfort
  • Emotional anguish
  • Anxiety, stress, and depression
  • Loss of enjoyment of life
  • Sleep disturbances
  • PTSD or trauma-related symptoms

Unlike economic damages, which are tied to quantifiable losses like medical expenses or lost income, pain and suffering is subjective and varies widely from case to case.

How Is Pain and Suffering Calculated in Missouri?
Missouri does not use a fixed formula to calculate pain and suffering. Instead, courts and insurance companies rely on two widely accepted methods:

1. The Multiplier Method
This approach involves multiplying the total economic damages (e.g., medical bills, lost wages) by a number—typically between 1.5 and 5. The multiplier reflects the severity of the injury, the duration of recovery, and the long-term impact on the victim’s life.

For example: If your economic damages total $20,000 and the multiplier is 3, your pain and suffering compensation would be $60,000.

2. The Per Diem Method
“Per diem” means “per day” in Latin. This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you experienced symptoms—from the date of injury to the point of maximum medical improvement.

For example: If your daily rate is $150 and you suffered for 180 days, your pain and suffering award would be $27,000.

Factors That Influence Pain and Suffering Awards
Several key factors affect how pain and suffering is calculated in Missouri:

  • Severity of the Injury: More serious injuries typically warrant higher compensation.
  • Duration of Recovery: Longer recovery periods increase the value of non-economic damages.
  • Permanent Impairment: If the injury results in lifelong disability or chronic pain, the award may be significantly higher.
  • Impact on Daily Life: Loss of mobility, inability to work, or changes in lifestyle are considered.
  • Age of the Victim: Younger victims may receive higher awards due to longer-term consequences.
  • Credibility and Documentation: Medical records, psychological evaluations, and personal testimony all play a role.

The Role of Your Personal Injury Lawyer

Navigating pain and suffering claims requires legal expertise. A seasoned personal injury attorney can:

  • Gather and present compelling evidence
  • Work with medical experts to document emotional and physical trauma
  • Negotiate with insurance adjusters using proven valuation methods
  • Argue against attempts to minimize your suffering or shift blame
  • Ensure compliance with Missouri’s legal standards and deadlines

Importantly, Missouri follows a pure comparative negligence rule. This means your compensation can be reduced based on your percentage of fault. For example, if you’re found to be 20% at fault, your total award will be reduced by 20%. Your attorney’s ability to challenge fault assessments can directly impact your payout.

Real-World Example

Imagine you were injured in a car accident caused by a distracted driver. You suffered a broken leg, missed three months of work, and developed anxiety about driving. Your economic damages total $25,000. Using a multiplier of 3.5, your pain and suffering could be valued at $87,500—bringing your total claim to $112,500. If the insurer tries to assign you partial fault, your lawyer can push back with evidence like traffic camera footage or witness statements.

Conclusion

Calculating pain and suffering in a Missouri personal injury settlement is both an art and a science. It requires a detailed understanding of legal principles, medical documentation, and the emotional toll of injury. While there’s no universal formula, the right legal strategy can ensure your suffering is acknowledged and compensated fairly.

If you’ve been injured and are unsure how to value your pain and suffering, consult a qualified personal injury attorney. With the right guidance, you can pursue the compensation you deserve and begin the path to recovery with confidence.

Chad Mann

By admin

I’m a dedicated personal injury attorney based in the Ozarks of Southwest Missouri, committed to standing up for individuals who have been wronged or injured. Since 2017, I’ve focused my legal career on personal injury law—particularly automobile accidents and car crash cases—because I believe in fighting for those who are often overwhelmed by powerful insurance companies and complex legal systems. I graduated with high honors from the University of Arkansas William H. Bowen School of Law, where I had the privilege of serving as Chair of the Moot Court Board. That experience honed both my advocacy skills and my dedication to excellence in legal practice. Before opening my own law firm, I gained invaluable experience working closely with some of the largest insurance companies in the nation. That background now gives me an insider’s perspective on how insurance carriers operate—and I use that knowledge every day to level the playing field for my clients.

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