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(816) 364-1650After an accident, physical injuries may be obvious, but the emotional toll, anxiety, and impact on daily life can be just as serious. These effects are known as pain and suffering, and they often play a significant role in personal injury claims. Questions like how pain and suffering are calculated aren’t just legal curiosities—they’re crucial for anyone in St. Joseph facing life after a serious injury.
At The Montee Law Firm, we help injury victims in St. Joseph, Missouri, pursue full compensation for economic losses and personal hardship. As an experienced St. Joseph personal injury lawyer, our firm explains how Missouri law defines, values, and addresses these damages.
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Pain and suffering damages in personal injury cases are typically assessed using one of two main approaches: multiplier or per diem. With the multiplier method, we take the total economic losses, such as medical expenses and lost wages, and multiply that figure by a number between 1.5 and 5—the more serious and lasting the injury, the higher the multiplier.
The per diem method, on the other hand, assigns a daily dollar amount to the pain and emotional hardship experienced, then multiplies it by the number of days the person endured that suffering.
There’s no fixed formula for calculating these damages, but two commonly accepted approaches are used across Missouri courts and insurance negotiations:
This approach multiplies the total of your economic damages by a number—typically between 1.5 and 5—depending on the severity of your injuries. For instance, if your medical bills and lost wages total $50,000, and the severity justifies a multiplier of 3, your pain and suffering might be valued at $150,000.
Factors influencing the multiplier include:
This method assigns a daily dollar amount to your suffering and multiplies it by the number of days you experience pain. For example, if $200 is transferred per day and your recovery takes 180 days, you could seek $36,000 for pain and suffering.
Each method has pros and cons, and which one is used depends on the facts of the case, the court, and the negotiation strategy.
Pain and suffering damages aren’t arbitrary—they are tied to specific circumstances that tell the story of how your life has changed.
Key factors considered include:
Courts and insurers both look for concrete evidence. Keeping a pain journal, getting proper medical treatment, and following the doctor’s orders can all strengthen your claim.
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Insurance companies in Missouri often try to minimize non-economic damages because they’re harder to measure and easier to challenge. Their evaluation typically begins with internal software systems or claims calculators, which generate a number using average settlements, medical codes, and claim histories.
Sometimes, insurance companies apply a conservative multiplier or deny the existence of emotional harm altogether. In those cases, preparing for trial or demonstrating our willingness to litigate can often lead to a fairer settlement.
Understanding how pain and suffering are calculated is just one part of the process. Applying that knowledge effectively—under Missouri law, with local judges and insurers—requires experience and persistence.
At The Montee Law Firm, we’ve represented injury victims in St. Joseph and Northwest Missouri for decades. We understand what local insurers look for, how to document non-economic damages persuasively, and when to take a stand in court. Our goal is simple: to make sure your suffering is not minimized or ignored.
We also work on a contingency basis, so you never pay unless we recover compensation on your behalf. That means we’re in this together and don’t settle for less than you deserve.
Are you still wondering how pain and suffering are calculated in your case? We’re here to provide answers tailored to your situation. Call The Montee Law Firm at (816) 760-2788 for a free consultation. We’ll evaluate your claim, explain your legal options, and fight for the full compensation you’re entitled to—every step of the way.
Our successful case results are a true reflection of the values and virtues we believe in and uphold at the Montee Law Firm.
James Montee
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney James Montee, who has spent his legal career helping injured individuals and their families.
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