What Are Pain and Suffering Damages In Missouri Auto Negligence Cases?
In Missouri auto negligence cases, pain and suffering damages are a type of non-economic compensation awarded to victims for the physical and emotional distress caused by the accident. Here's a breakdown of what pain and suffering damages encompass:
Types of Pain and Suffering:
- Physical Pain: This includes the physical discomfort and pain you experience due to your injuries, from minor aches to severe chronic pain.
- Mental Anguish: This covers emotional distress, anxiety, depression, PTSD, and other psychological effects of the accident. These can significantly impact your daily life.
- Loss of Enjoyment of Life: Pain and suffering damages consider how your injuries limit your ability to participate in activities you once enjoyed, such as hobbies, sports, or spending time with loved ones.
- Loss of Consortium: For spouses, this compensates for the loss of intimacy, companionship, and love due to the other spouse's physical or emotional injuries from the accident.
Non-Economic vs. Economic Damages:
- Pain and suffering damages are distinct from economic damages. Economic damages compensate for the financial losses you incur due to the accident, such as medical bills, lost wages, and car repairs. Pain and suffering damages focus on the emotional and physical toll the accident takes on you.
Challenges of Quantifying Pain and Suffering:
Since pain and suffering is subjective and difficult to measure in concrete terms, unlike medical bills or lost wages, determining a dollar amount for these damages can be challenging.
Factors Considered When Awarding Pain and Suffering Damages:
- Severity of Injuries: More severe injuries with long-term consequences typically warrant higher pain and suffering damages.
- Duration of Pain and Suffering: The length of time you experience pain, discomfort, and emotional distress from the accident is a factor.
- Impact on Daily Life: The extent to which your injuries limit your daily activities and overall quality of life is considered.
- Medical Records: Documentation from your doctor detailing the extent of your injuries and their impact supports your claim.
Missouri's Comparative Negligence Law and Pain and Suffering:
Missouri follows a pure comparative negligence system in car accident cases. This means that even if you are partially at fault for the accident, you can still recover pain and suffering damages. However, the amount you receive will be reduced by your percentage of fault.
Maximizing Pain and Suffering Damages:
- Consulting a Personal Injury Lawyer: An experienced lawyer can effectively document your pain and suffering, negotiate aggressively with insurance companies, and potentially pursue a lawsuit if necessary to obtain the maximum compensation you deserve.
- Detailed Medical Records: Having a clear medical history from your doctor that documents the injuries, treatment, and ongoing effects strengthens your claim.
- Pain Journals: Keeping a journal to document the intensity, duration, and impact of your pain on your daily life can be helpful evidence.
Remember: Pain and suffering damages are a crucial aspect of compensation in Missouri car accident cases. Consulting with a personal injury lawyer can significantly improve your chances of receiving fair compensation for the physical and emotional pain you've endured.