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Pain and Suffering Calculation Under Missouri Law

Missouri law allows victims who are injured in vehicle accidents to claim money damages for pain and suffering experienced following the accident. This includes:

  • money damages for loss of enjoyment of life
  • physical limitations created by the injury and
  • discomfort that the injury causes after the accident

How is Pain and Suffering Calculated?

The most difficult question in many personal injury cases is determining the appropriate monetary value to place on pain and suffering losses following a vehicle accident. Properly evaluating the amount of these damages requires experienced legal counsel with a thorough understanding of the relevant factors. Evaluation by The Roberts Law Firm P.C. includes review of medical records and other evidence of the pain and discomfort suffered since the accident. The nature of the accident’s occurrence may also play some role in assessment of the pain and suffering losses.

How the Accident has Affected the Injured Victim’s Life

While it is important to present evidence of how much pain was felt after an accident, effective presentation of pain and suffering damages equally tells the story of how an injury victim’s life has changed because of the accident. This evidence may include talking about how an injury victim can no longer engage in a particular activity, hobby or sport that was once enjoyed because of the injuries suffered. There may also be testimony from a spouse or loved one as to how the accident has affected the injured victim and how the injury has affected the quality of overall family life.

The Insurance Company View of Pain and Suffering Damages

Opposing Insurance Company adjusters usually listen to an attorney’s description of how the injuries have affected an injury victim’s life. Insurance adjusters, however, are often far more concerned with the findings presented within the medical evidence in evaluating what proof may exist of pain and suffering.

At least to some extent, insurance adjusters continue to also use the value of the medical bills in assessing pain and suffering damages. Simply put, if the total medical bills following an accident are high, the insurance adjuster is more likely to justify paying a higher amount of pain and suffering damages. As you can imagine, this calculation formula for pain and suffering can be highly inaccurate. In a particular case, an injury victim could require very little medical care but suffer significant pain and suffering.

The Effect of Preexisting Injuries on Pain and Suffering Damages

A final consideration in assessing pain and suffering damages is the extent, if any, of preexisting injuries. If a person previously suffered a back injury, the insurance company will argue that the person already had pain and suffering in his back prior to the vehicle accident. Again, legal counsel and possibly medical experts are needed to establish the nature of the injuries and establish the basis for pain and suffering that was specifically caused by the vehicle accident at issue.

Successfully Presenting Pain and Suffering Damages to the Jury

The Roberts Law Firm P.C. has years of experience and expertise in valuing pain and suffering damages. Our track record shows that we are able to obtain pain and suffering awards and we work to force insurance companies to pay larger settlements than they want to voluntarily pay. The firm has had success arguing the value of pain and suffering damages on behalf of accident victims to judges and juries on behalf of its clients.

The Insurance Adjusters are simply not going to offer you a fair amount for your pain and suffering without experienced legal counsel arguing on your behalf. Attorney Greg L. Roberts’s experience in accident cases will level the playing field and Roberts will aggressively prosecute your case to maximize the financial recovery award. Roberts will do a detailed workup of your case in an effort to fully develop the record and thereby maximize the monetary value of your case.

No Recovery, No Fee

Contact Attorney Greg L. Roberts with any further questions about pain and suffering. For a free consultation call 866-585-5643 (toll-free) or 636-530-9199. The Roberts Law Firm P.C. takes personal injury cases on a contingency basis. This means you will only pay attorney’s fees if we obtain compensation for you.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.