Detailed Answer
Calculating a fair settlement value for soft tissue injuries after a motor vehicle accident in Missouri requires a systematic approach. Missouri drivers must carry minimum liability insurance under RSMo 303.030. When you pursue compensation, the insurer evaluates three primary categories of damages: economic, non-economic and policy considerations.
1. Economic Damages
Economic damages compensate for verifiable expenses. For soft tissue injuries these usually include:
- Medical bills: All costs for doctor visits, physical therapy, chiropractic treatments and diagnostic imaging.
- Prescription costs: Medications related to treatment.
- Lost wages: Income lost due to appointments or inability to work. Include pay stubs, employer letters and tax returns.
Keep detailed records. Insurers expect bills, receipts and statements linking each expense to your accident.
2. Non-Economic Damages
Non-economic damages cover pain, suffering, emotional distress and loss of enjoyment of life. Missouri law allows recovery of these under the comparative fault rule (RSMo 537.060). Common methods to value non-economic harm include:
- Multiplier method: Add your total economic damages and multiply by a factor (often 1.5 to 5) based on injury severity, recovery time and impact on daily activities.
- Per-diem method: Assign a daily rate for pain and suffering, then multiply by the number of days you experienced symptoms.
Adjust the factor or daily rate to reflect medical prognosis, treatment length and personal testimony about pain levels.
3. Policy Limits and Comparative Fault
Missouri’s minimum liability coverage is 25/50/25 ($25,000 per person, $50,000 per accident for bodily injury; $25,000 property damage) per RSMo 303.030. If the at-fault driver’s policy limit is lower than your combined damages, explore other sources:
- Underinsured motorist (UIM) coverage: Your own policy may cover the gap.
- Medical payment (MedPay) coverage: Pays immediate medical costs regardless of fault.
Missouri applies comparative fault under RSMo 537.060. If you share fault, the court reduces your recovery by your percentage of responsibility. For example, if you’re 20% at fault for a $10,000 settlement, you recover $8,000.
Remember Missouri’s statute of limitations for personal injury is five years from the date of the accident (RSMo 516.140). You must file a lawsuit before this deadline to preserve your claim.
Helpful Hints
- Document every treatment: keep appointment notes, therapy logs and prescriptions in one folder.
- Track out-of-pocket expenses: mileage, childcare or home help related to injury recovery.
- Get multiple medical opinions for chronic or persistent symptoms.
- Maintain a pain journal: record daily pain levels, activities and limitations.
- Consult a personal injury attorney early to understand policy limits and claim value.
- Avoid recorded statements with insurers without legal advice.
- Stay within Missouri’s five-year statute of limitations (RSMo 516.140).
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney to address your specific situation.