When someone is injured in an accident caused by another party’s negligence, compensation can be divided into two main categories: economic damages and non-economic damages. While economic damages—such as medical bills, lost wages, and property repair costs—are relatively straightforward to calculate, non-economic damages are far more complex.
Non-economic damages compensate victims for the intangible losses that don’t have a clear dollar amount attached but still greatly impact their lives. Understanding how these damages are calculated in Missouri is critical for anyone involved in a personal injury claim.
What Are Non-Economic Damages?
Non-economic damages are meant to compensate for losses that are personal and subjective, including:
- Pain and suffering – physical discomfort, chronic pain, and the overall toll the injury takes on daily life.
- Emotional distress – anxiety, depression, PTSD, and other psychological effects.
- Loss of enjoyment of life – being unable to participate in hobbies, social activities, or lifestyle pursuits.
- Loss of companionship or consortium – the impact on a spouse or family relationship due to injury.
- Disfigurement or scarring – permanent changes to one’s appearance and the emotional consequences of those changes.
These damages are not tied to receipts or bills but to quality-of-life losses.
Missouri’s Legal Framework for Non-Economic Damages
In Missouri, personal injury law does not place an across-the-board cap on non-economic damages in most cases. However, there are important exceptions:
- Medical malpractice claims have caps on non-economic damages. These caps are adjusted annually for inflation.
- Punitive damages—which are different from non-economic damages—are limited by law and require proof of intentional harm or outrageous conduct.
For most car accidents, slip and falls, and other negligence-based claims, non-economic damages are determined by thejury (or the judge in a bench trial) without a fixed limit.
How Non-Economic Damages Are Calculated in Missouri
Unlike economic damages, there is no single formula for calculating non-economic losses. Instead, insurance adjusters, attorneys, and juries consider various factors:
The Severity and Duration of the Injury
More severe and long-lasting injuries typically result in higher awards. Permanent disabilities, chronic pain, or lifelong emotional distress are valued more significantly than temporary discomfort.
Impact on Daily Life
Jurors may consider how the injury affects work, family relationships, hobbies, and daily routines. Losing the ability to engage in meaningful life activities can greatly increase a claim’s value.
Age and Life Circumstances of the Victim
A younger person with decades of life ahead may receive higher non-economic damages for a permanent injury compared to an older person, due to the longer anticipated impact.
Credibility and Evidence
Evidence such as medical records, psychological evaluations, personal journals, and testimony from friends or family can help paint a clearer picture of the non-economic impact.
Comparable Case Results
Attorneys and insurance companies may reference similar Missouri cases to gauge what juries have awarded in comparable situations.
Common Methods Used in Settlement Negotiations
While juries decide damages based on their discretion, insurance companies often use informal calculation methods during negotiations:
- Multiplier Method – The victim’s economic damages are multiplied by a number (usually between 1.5 and 5) depending on the severity of the injury. For example, $50,000 in medical bills and lost wages multiplied by 3 would result in $150,000 in non-economic damages.
- Per Diem Method – A daily rate is assigned for the pain and suffering and multiplied by the number of days the victim is affected. For example, $200 per day for 300 days would result in $60,000 in non-economic damages.
It’s important to remember these are negotiation tools, not legal formulas.
Challenges in Proving Non-Economic Damages
Because non-economic losses are subjective, insurance companies often try to minimize them. They may argue that:
- The injuries were not as severe as claimed.
- The emotional impact is exaggerated.
- Pre-existing conditions are responsible for some symptoms.
Overcoming these challenges requires strong documentation and persuasive legal representation.
Why Legal Representation Matters
Calculating non-economic damages is part art, part science—and without experienced legal guidance, victims risk accepting far less than they deserve. A skilled Missouri personal injury lawyer can:
- Gather medical, psychological, and personal evidence to support your claim.
- Work with experts to explain the long-term impact of your injuries.
- Negotiate with insurance companies to secure fair compensation.
- Present a compelling case to the jury if your claim goes to trial.
At Bishop & Hayes P.C., we offer comprehensive, honest assessments of your claim—always at no upfront risk. To discuss your situation or get started, call us at (417) 304-3228. We’re here to support your recovery, help you make informed choices, and advocate for the full range of damages Missouri law provides.