After an accident, you might find yourself grappling with more than just medical bills and lost wages. Pain and suffering are also significant consequences that deserve compensation. But how do lawyers and courts calculate such a subjective loss? Pain and suffering differ from other types of damages, and specific Missouri laws govern pain and suffering compensation.
At Cook, Barkett, Ponder & Wolz, our experienced personal injury lawyers understand that pain and suffering goes beyond what can be easily quantified. We strive to ensure our clients in Cape Girardeau, Sikeston, Scott City, Poplar Bluff, and across Southeast Missouri receive fair compensation for their physical and emotional distress.
What Is Pain and Suffering in a Personal Injury Claim?
In personal injury cases, damages can generally be divided into two categories: economic and non-economic. Economic damages are straightforward; they include medical bills, lost wages, and other quantifiable financial losses. Non-economic damages, on the other hand, are more abstract. This is where pain and suffering come in.
Pain and suffering refers to the physical pain, emotional distress, and overall loss of enjoyment of life that a person experiences due to an accident. While it’s difficult to put a price tag on these things, they are very real impacts that must be factored into any personal injury claim.
Unlike economic damages, pain and suffering compensation is inherently subjective, and this is where having an experienced SEMO personal injury attorney is a valuable advocate for justice.
Missouri Laws on Pain and Suffering
Missouri law recognizes pain and suffering as a legitimate form of compensation in personal injury claims, but specific rules guide how these damages can be awarded. In Southeast Missouri, like the rest of the state, there’s no set formula for calculating pain and suffering, but several factors can affect the amount awarded, including:
- The severity of the injury: More severe injuries generally lead to higher compensation.
- The impact on the injured person’s daily life: It is critical to understand how the injury has limited or changed the victim’s ability to enjoy life.
- The duration of recovery: Long-term or permanent injuries result in higher pain and suffering compensation.
- Comparative negligence: Missouri is a comparative fault state, which means the compensation for pain and suffering may be reduced if the injured party is partially responsible for the accident.
The experienced SEMO personal injury lawyers at Cook, Barkett, Ponder & Wolz will be familiar with these laws and can evaluate your specific situation to determine how Missouri statutes apply to your case.
Types of Injuries That Fall Under Pain and Suffering
When calculating pain and suffering, the court will look at factors related to the physical and emotional toll the accident has had on your life. Common types of injuries that fall under pain and suffering include:
- Chronic pain: Injuries that result in ongoing or permanent pain, such as back injuries, broken bones, or nerve damage.
- Emotional distress: Anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities or hobbies you once loved, this loss can be factored into pain and suffering.
- Scarring and disfigurement: Injuries that alter your appearance can be particularly devastating, leading to a significant impact on self-esteem and emotional health.
Our attorneys understand that these types of injuries can be life-altering, and we are committed to advocating for compensation that reflects the true impact on your physical and emotional well-being.
Pain and Suffering in Wrongful Death Claims
In Missouri, wrongful death claims allow family members to seek compensation for the loss of a loved one due to another party’s negligence. Pain and suffering damages help to compensate the family for the emotional trauma of losing a loved one.
There are two types of pain and suffering damages in wrongful death cases:
- The decedent’s pain and suffering: Compensation for the pain and suffering the deceased endured between the time they were injured and their passing.
- The family’s pain and suffering: Compensation for the emotional distress caused by the loss of the loved one.
These damages recognize that the emotional toll of a wrongful death extends beyond the financial loss and that the family deserves compensation for their losses. As SEMO personal injury attorneys, we understand the importance of standing by families during these challenging times to fight for justice for the loss of their loved ones.
Pain and Suffering in Different Types of Accidents
When someone is injured in an accident, the physical and emotional toll they experience depends on the nature of the accident and the severity of the injuries sustained. Each situation presents unique challenges and impacts on a person’s life, and each type of accident requires a specific approach when calculating pain and suffering. Let’s examine how pain and suffering claims may vary depending on the type of accident.
Freight Train Accidents: High-Impact Events with Lasting Trauma
Freight train accidents often result in severe, life-changing injuries due to the immense size and force of the trains involved. Victims of these accidents can suffer catastrophic injuries such as spinal cord damage, traumatic brain injuries, amputations, and severe burns.
In addition to physical injuries, the emotional trauma of surviving a freight train accident can be overwhelming. Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, and ongoing fear of traveling near train tracks.
Pain and suffering damages in freight train accidents are typically significant because of the extreme nature of the injuries and the long-term impact on the victim’s life. When evaluating these damages, we consider the extensive medical treatment required, the lasting physical limitations, and the profound emotional distress.
Additionally, train companies and their insurers may attempt to minimize payouts, making an experienced SEMO train accident attorney a valuable person to have on your side to fight for fair compensation.
Car Accidents: Varying Severity and Emotional Distress
Car accidents are among the most common types of accidents in Southeast Missouri, and injuries can range from minor whiplash to severe spinal injuries. Even in what may seem like a minor crash, victims can experience lingering pain, such as chronic neck or back pain.
In more serious accidents, victims may face long-term physical impairments and emotional trauma, particularly if the accident involved fatalities or life-altering injuries.
Pain and suffering in car accident cases often include compensation for both the immediate physical pain and any long-term consequences, including emotional distress. Missouri’s comparative negligence laws may also impact the calculation of pain and suffering damages, especially if the victim is found partially at fault.
Truck Accidents: Severe Injuries and Complex Litigation
Truck accidents, particularly those involving large commercial vehicles, often result in catastrophic injuries due to the size and weight of the trucks. Victims of truck accidents frequently experience life-changing injuries such as broken bones, traumatic brain injuries, and internal damage, which can lead to long-term pain and suffering.
Because of the severity of injuries in truck accidents, pain and suffering damages are often substantial. In addition to physical injuries, victims may experience significant emotional distress, including PTSD, anxiety, and depression.
Truck accident cases can be complex, often involving multiple parties, such as the truck driver, the trucking company, and their insurance providers. Our SEMO truck accident attorneys are experienced in handling these complicated cases, ensuring that our clients receive fair compensation for the full extent of their pain and suffering.
Slip and Fall Accidents: Hidden Injuries and Emotional Impact
Slip and fall accidents may seem less serious at first glance, but they often lead to significant injuries, particularly for older adults. Common injuries include broken bones, head injuries, and soft tissue damage. These injuries can result in long-term pain, mobility issues, and emotional distress, especially if the fall leads to permanent physical limitations.
In slip-and-fall cases, pain-and-suffering damages take into account both the physical pain caused by the injury and the emotional toll of losing mobility or independence. Victims may also experience anxiety or fear about falling again, which can severely impact their quality of life.
Motorcycle Accidents: Catastrophic Injuries and Psychological Distress
Motorcycle accidents often lead to catastrophic injuries due to the rider’s lack of protection. Common injuries include traumatic brain injuries, spinal cord damage, and severe road rash. In addition to the physical pain associated with these injuries, motorcycle accident victims frequently suffer from emotional distress, including PTSD, fear of riding again, and depression.
Pain and suffering in motorcycle accident cases may result in substantial compensation due to the severity of the injuries and the lasting emotional impact. Victims may require extensive medical treatment, long-term rehabilitation, and psychological counseling to recover from both physical and emotional trauma.
Why You Need an Experienced SEMO Personal Injury Lawyer
Insurance companies are often quick to downplay pain and suffering, offering settlements that barely scratch the surface of what victims are truly owed. At Cook, Barkett, Ponder & Wolz, our SEMO personal injury lawyers know how to push back when insurance companies refuse to offer fair compensation, and we’re not afraid to take tough cases to trial if necessary.
The Importance of Gathering Evidence for Pain and Suffering Claims
Evidence is the linchpin when seeking compensation for pain and suffering. A successful claim will include documentation of the physical and emotional toll of the accident. This may include:
- Medical records that detail the injury and any long-term impact on your health.
- Testimony from psychological counselors or therapists who can speak to the emotional trauma you’ve experienced.
- Witness statements from friends, family members, or co-workers who have seen the changes in your behavior and quality of life since the accident.
Your legal team knows how to build a strong case that presents the full scope of your pain and suffering. Whether your case is settled or goes to trial, we will work tirelessly to ensure your story is heard and you receive the compensation you deserve.
Advocating for Justice in Pain and Suffering Claims in Southeast Missouri
At Cook, Barkett, Ponder & Wolz, our attorneys and legal team have a deep understanding of the emotional and physical toll that an accident can have on your life. We are committed to
standing up for the rights of individuals throughout Cape Girardeau, Sikeston, Scott City, Poplar Bluff, and the greater Southeast Missouri region.
If you or a loved one has been injured in an accident, don’t face the insurance companies alone. We are ready to help you seek the compensation you deserve. Whether you are dealing with chronic pain, emotional distress, or the loss of a loved one, pain and suffering are real consequences that demand compensation.
Contact our team today for a consultation and let us fight for you. Our Cape Girardeau office is conveniently located across from the Osage Center and northwest of Southeast Missouri State University. Call us at 573-335-6651 or contact us online now.