Can I Get Compensated for Pain and Suffering in Missouri?

When you file a claim against another party, the ultimate goal is to recover compensation for your damages. In many cases, these damages are clearly defined and simple to award. However, it can get a bit more subjective when you start accounting for non-economic damages, like pain and suffering. You may be asking yourself, “Can I get compensated for pain and suffering in Missouri?”

The answer is both yes and no, which sounds confusing. Missouri laws dictate how certain claims can be processed and what types of compensation are owed to the plaintiff. In many personal injury cases, non-economic damages are always available, but they may not be for other specific circumstances.

Understanding Compensation for Pain and Suffering in Missouri

While the victim or claimant for most personal injury claims can be awarded compensation for non-economic damages, like pain and suffering, it’s not the case when it comes to workers’ compensation claims.

Under the Missouri workers’ compensation system, you can only claim medical and disability benefits. Workers’ compensation generally does not pay for pain and suffering.

Understanding How Workers’ Compensation Works in the State of Missouri

With some minor exceptions, Missouri workers’ compensation law provides coverage for all workers injured on the job while working within Missouri. The Workers’ Compensation Division of the Missouri Department of Labor and Industrial Relations administers Missouri workers’ compensation law. Under this law, businesses with  five or more employees must provide workers’ compensation benefits, including:

• Lost wages
• Medical care
• Temporary disability
• Permanent disability

Missouri’s Exclusive Remedy Doctrine enables any employee who is eligible to receive their workers’ compensation benefits after an incident and cannot file a separate claim against their employer for negligence related to the injury. The system exists to allow businesses to handle affairs internally before having to navigate Missouri’s legal system.

That said, exceptions to this rule exist, but only in more extreme cases. For example, you could file a claim against your employer if they didn’t have the required workers’ compensation insurance, directly injured you, or intentionally caused you harm.

In 2024, there were 90,815 first reports of injury to the Division of Workers’ Compensation. The top three industries for claims included healthcare and social assistance, manufacturing, and retail trade. Of the reports that came in:

• 32,882 were for injuries to the upper extremities.
• 17,576 involved injuries in the lower extremities.
• 16,845 resulted from injuries to multiple body systems.
• 11,827 were for injuries to the trunk.
• 10,453 involved head injuries.
• 1,232 resulted from injuries to the neck.

If you’ve been injured and wish to report your injury to your employer, you must do so within 30 days of the incident. Otherwise, you may lose your chance to receive your workers’ compensation benefits. You then typically have two years from the date of your injury to file a workers’ compensation claim. If your employer does not file your initial report of the injury to the Division of Workers’ Compensation in a timely manner, you may be given up to three years to file instead.

If you’re even mildly confused about your workers’ compensation rights or a claim you recently filed, it’s important to talk with a local workers’ compensation attorney.

Understanding How Personal Injury Cases Work in Missouri

Personal injury claims are handled differently from workers’ compensation claims. For instance, you have up to five years from the date of your injury to file your claim. If you plan to file the claim against a government agency, you must also file a notice of the claim within 90 days of the injury.

After you file your claim, you can expect to enter negotiations with the other party or their insurance company, depending on the situation. If you can’t reach a settlement agreement through mediation or negotiations, you can file with the appropriate county court.

Missouri is a modified comparative fault state, which means your settlement amount is tied directly to the percentage of fault you’re found to have for the incident. By gathering evidence that supports your claim, you can establish fault early and seek the maximum compensation for your losses. In personal injury cases, you can recover economic losses, such as:

• Loss of income and future earning potential
• Medical expenses
• Out-of-pocket expenses
• Property damage

Additionally, you can seek non-economic damages, including:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering
• Loss of consortium

Regardless of the nature of your case, it can be a lot to manage for one person, especially after suffering an injury. That is why it’s recommended to work with a seasoned Missouri personal injury lawyer. A skilled attorney can guide you through the steps of the process and provide legal guidance. Their diligent work can secure you the maximum compensation for your losses.

FAQs

What Types of Cases Offer Compensation for Pain and Suffering in Missouri?

While workers’ compensation cases do not include compensation for pain and suffering, other types of personal injury cases do. When you file a workers’ compensation case, you can only claim medical and disability benefits. In most personal injury cases, you can file for both economic and non-economic damages, including pain and suffering.

What Is the Maximum Payout for Pain and Suffering in Missouri?

Most personal injury cases in Missouri don’t have a cap on settlement amounts, which means there is no upper limit on how much you can recover from your case. To obtain a higher settlement amount, it’s wise to work with a knowledgeable attorney. They can collect evidence and build a strong case that demonstrates how you were a victim in the situation.

How Is Pain and Suffering Calculated in Missouri?

Since pain and suffering is a type of non-economic loss, it doesn’t involve any actual values to calculate. Instead, the amount is determined through one of two different subjective approaches: the multiplier method and the per diem method. The former involves multiplying the total economic losses by a number based on the severity of the injuries. The latter involves choosing a daily rate and multiplying it by the number of days the victim has or is expected to suffer from their injuries.

What Does Pain and Suffering Include in Missouri?

Pain and suffering is a non-economic loss, which you can recover compensation for in a personal injury case wherein you’ve been injured due to another party’s negligence. Pain and suffering covers damages such as:

• Anxiety
• Depression
• Emotional distress
• Loss of enjoyment of life
• Mental anguish
• Physical pain
• Any other negative intangible impacts on your life

Talk to a Missouri Injury Attorney to Learn More About Your Rights

A Missouri attorney experienced in personal injury and workers’ compensation can be an invaluable asset to your case. You should strongly consider talking to an attorney if you need to appeal a denial of your claim and/or your injuries are severe or complex.

For a more comprehensive list of all the questions you might have, and for a free consultation, please call (816)-370-5943. If you have further questions about your case, do not hesitate to reach out to us by phone, through our contact form, or with the live chat option listed on our site.