What Compensation Can I Expect in a Missouri Personal Injury Claim?
Whether you’ve been injured in a car accident, bicycle crash, medical malpractice incident, or another preventable event, your pain and suffering deserve to be addressed — no matter the severity. Pursuing Missouri personal injury compensation allows you to hold negligent parties accountable and seek the financial recovery you need to move forward after a life-altering accident.
In Missouri, personal injury plaintiffs can typically seek compensation, also known as damages, for the losses caused by their injuries. Depending on the facts of the case, damages may include economic damages, non-economic damages, and punitive damages. Economic and non-economic damages aim to put you as close as possible to the position you would have been in if the injury had never occurred. Punitive damages aim to punish the perpetrator for particularly egregious negligence. Monetary compensation for these damages is most often awarded through settlement.
Unfortunately, personal injury claims are common. According to legal industry data, hundreds of thousands are filed across the U.S. each year, and outcomes vary widely. The severity of injuries, the extent of damages, and the insurance coverage available all play a major role in determining the final recovery. Some sources, such as NOLO, report that the nationwide average settlement across a broad range of personal injury cases is around $52,900, though individual results can be significantly higher or lower.
At Wallentine Injury Law, we recognize that no amount of money can truly undo the life-altering consequences of a serious accident. However, fair compensation can help address the physical, emotional, and financial wounds that follow. Unlike some larger firms, we take all injury cases seriously — not just those with the highest potential payout. While we cannot guarantee representation in every matter, we do offer a free consultation to evaluate your claim. Our personal injury team is here to listen, guide you through the process, and fight to secure the maximum Missouri personal injury compensation you deserve.
In the sections that follow, we’ll break down the types of damages available in a Missouri personal injury claim, explore the key factors that can impact the value of your case, and explain how the right attorney can make a meaningful difference in your recovery of compensation.
Types of Damages in Missouri Personal Injury Claims
Missouri personal injury compensation can come from several categories of damages. Missouri law generally recognizes economic, non-economic, and punitive damages. Each category addresses a different type of loss you’ve suffered as a result of your injury. Understanding these distinctions is imperative to pursuing the maximum recovery available to you.
Economic Damages
Economic damages cover the tangible, out-of-pocket costs you incur after an injury. These losses are usually easier to calculate because they can be proven through bills, receipts, pay stubs, and other financial records. Missouri law does not place a cap on economic damages in personal injury cases.
Common examples include:
- Medical Expenses – Costs for hospital stays, surgeries, rehabilitation, medical equipment, medications, physical therapy, and any other necessary treatments.
- Lost Wages and Loss of Earning Capacity – Compensation for income lost while recovering and, if applicable, for future income you can no longer earn because of your injury.
- Other Financial Losses – Out-of-pocket expenses such as transportation for medical care, home modifications, or replacement services you can no longer perform yourself.
Non-Economic Damages
Non-economic damages cover intangible losses — the physical, emotional, and psychological impact of your injury. Because they do not come with receipts or invoices, these damages are more difficult to quantify and often require skilled legal advocacy.
- Pain and Suffering – Physical discomfort as well as mental and emotional distress, which may include anxiety, depression, PTSD, or insomnia.
- Loss of Enjoyment of Life – Inability to engage in hobbies, recreation, or daily activities you enjoyed before the accident.
- Physical Impairment or Disfigurement – Permanent changes such as scarring, paralysis, or amputation that may affect your quality of life and self-esteem.
- Loss of Consortium – Compensation to a spouse or, in some cases, a close family member for the loss of companionship, support, or intimacy.
In Missouri, most non-economic damages are not capped, as it was deemed unconstitutional by the Missouri Supreme Court in 2012. However, there is an important exception to this ruling. Under RSMo § 538.210, non-economic damages in medical malpractice cases are capped (adjusted annually for inflation). As of 2025, the cap is approximately $505,480 for standard malpractice cases and higher for catastrophic injuries.
Punitive Damages
Punitive damages are different from economic and non-economic damages. They are not meant to compensate you, but rather to punish the defendant whose conduct was especially harmful and to deter similar conduct in the future. If awarded, the payment still goes to the injured party.
In Missouri, punitive damages are rare and require meeting strict legal standards. Under RSMo § 510.261, you must prove by clear and convincing evidence that the defendant intentionally harmed you without just cause or acted with a deliberate and flagrant disregard for the safety of others. Missouri law also requires a court’s permission before adding a punitive damages claim to your case, except in certain statutory actions.
While these categories form the foundation of most Missouri personal injury recoveries, the actual amount you may receive depends on many other factors as well. Next, we’ll look at the key elements that can increase — or decrease — the value of your claim, and why having skilled legal representation can be critical in securing the best possible outcome.
Factors That Affect the Value of Your Missouri Personal Injury Claim
No two personal injury claims are identical, and there is no formula that can predict the exact value of your case. Even when your damages are carefully documented and calculated, other factors can significantly influence the amount you ultimately recover.
Key considerations include:
- Injury Severity & Medical Costs – Serious, permanent, or catastrophic injuries usually result in higher awards due to greater medical expenses, longer recovery times, and lasting life changes.
- Insurance Coverage & Liability – Your recovery may be limited by the at-fault party’s insurance policy limits, as well as your own uninsured/underinsured motorist coverage. Missouri follows a pure comparative fault rule as codified in RSMo § 537.765, meaning your award is reduced by your percentage of fault, but you can still recover even if you were mostly at fault.
- Evidence & Case Presentation – Strong evidence can significantly increase the value of your claim. Evidence may include medical records, accident reports, photos, and credible testimony. The way your case is presented, whether in negotiations or in court, also makes a substantial difference.
- Representation – An experienced Missouri personal injury attorney can identify all sources of compensation, challenge unfair insurance calculations, and advocate for the maximum recovery possible.
Wallentine Injury Law’s Role
While dealing with the aftermath of a tragic accident caused by negligence, the last thing you should have to worry about is protecting your right to compensation. At Wallentine Injury Law, we make the process as straightforward as possible. You deserve the maximum Missouri personal injury compensation available, and we will work zealously to help you obtain it. With experienced Missouri personal injury attorneys on your side, you won’t have to face insurance adjusters or defense lawyers alone. We know their tactics, and we know how to counter them.
Don’t wait to pursue the Missouri personal injury compensation you deserve after an injury. Join the many clients who help make up the millions of dollars our team recovers each year by calling our Missouri office at 816-934-6333 or contacting us online for a free consultation. You Need Jerry!
