Ryan Bradley | October 13, 2025 | Car Accident \ Missouri Law
Key Takeaways:
- Victims can recover three types of damages after a car crash. Economic damages pay your bills, such as medical expenses and car repairs, while non-economic damages compensate you for pain and suffering. And in egregious cases, like drunk driving, punitive damages punish the driver who hurt you.
- Even if you share some fault, you can still get paid. Missouri lets you recover damages even if you were partly to blame for a crash, but they’ll reduce your compensation by your degree of fault.
- You’ve got five years to pursue compensation. The clock starts ticking the day of your accident, and if you wait too long to take action, evidence may disappear. The sooner you consult a Missouri personal injury lawyer, the better your chances of receiving fair compensation.
A car accident can change your life in a split second. You’re not just dealing with injuries, but steep medical bills, lost income, and insurance adjusters who act like they care, but are trying to deny you every dollar they can.
Don’t settle for less than you deserve. Understanding the three types of damages available in Missouri car accidents is your best first step toward getting the compensation you need to move forward with your life after a crash.
In this guide, we break down how Missouri law calculates your losses and what you can recover.
Economic Damages: The Tangible Financial Losses from a Crash
Economic damages in Missouri car accidents compensate you for the financial harm you experience due to a crash. These expenses are verifiable costs you can prove with bills, receipts, and paychecks. Missouri law allows you to recover every penny of economic loss the crash caused, since Missouri doesn’t cap economic damages. Here are some common economic damages in Missouri car accident cases:
- Medical expenses: You’re entitled to all car accident-related medical costs, including emergency room treatment, surgery, hospitalization, physical therapy, medical equipment, future medical care, and more.
- Lost wages: You can recover every paycheck you missed while you were too injured to work or sitting in doctors’ offices instead of earning a living.
- Lost earning capacity: If your injuries prevent you from doing your old job or force you to work reduced hours, you can recover the difference between what you used to earn and what you can earn now.
- Property damage: You’re entitled to the repair or replacement of your vehicle, plus compensation for anything else that was damaged in the crash, like your phone, laptop, or other personal belongings.
- Out-of-pocket costs: You can recover money you spent on household help, transport to medical appointments, wheelchair ramps or other home modifications, and any other reasonable accident-related expenses.
Bradley Law Advantage: In severe injury cases requiring extensive future care, economic damages can be substantial. In one of our cases, we secured a record-setting $14.25 million recovery for a motorcycle crash victim. For our client, this wasn’t just a number. It meant they could afford the medical care and support they needed for decades to come.
Non-Economic Damages: Compensating for the Human Impact
Financial losses are just one part of what a car accident takes from you. Non-economic damages in Missouri compensate for the human suffering that doesn’t come with a receipt or set dollar amount. They account for the pain that wakes you up at night, the family activities or hobbies you can no longer enjoy, and the relationships that suffer because you’re not the same person you were before the crash.
Missouri recognizes various non-economic damages in car accident cases, including:
- Pain and suffering: You’re entitled to compensation for all physical pain, including chronic pain and discomfort during medical treatments.
- Emotional distress: Serious car accidents often cause emotional trauma. You can recover compensation for these impacts, including anxiety, depression, PTSD, fear of driving again, sleep problems, and ongoing mental anguish.
- Loss of enjoyment of life: If your injuries prevent you from playing with your kids or participating in hobbies, sports, or social events you used to enjoy, you can be compensated for losing this life enjoyment.
- Disfigurement and scarring: Permanent scars and burns can affect your appearance and self-confidence. You’re entitled to damages for scarring and disfigurement caused by a crash.
- Loss of consortium: Your spouse may have a separate claim for “loss of consortium” if your injuries damaged the relationship, including lost companionship, affection, and intimacy.
- Disability and impairment: You may also recover damages for permanent limitations on your physical abilities and independence.
Unlike economic damages, which come with receipts, calculating non-economic damages can be challenging. Juries have some discretion to determine what’s fair based on the severity of your injuries and the impact on your life. But what can make the biggest difference for your case is how convincingly your St. Louis car accident attorney presents your losses and suffering.
Calculating Non-Economic Damages in Missouri
Missouri doesn’t have a set formula for calculating non-economic damages, but attorneys and insurance companies often use one of two common methods:
- The multiplier method takes your total economic damages and multiplies them by a number (typically 1.5 to 5) based on injury severity. Minor injuries get lower multipliers, while catastrophic injuries get higher ones.
- The “per diem” method assigns a daily dollar value to your suffering and multiplies it by the number of days you’ve been affected.
Economic vs. Non-Economic Damages – The Differences at a Glance
| Economic Damages | Non-Economic Damages |
|---|---|
| Measurable financial losses | Subjective, non-monetary harm |
| Medical bills, lost wages, property damage | Pain, suffering, emotional distress, loss of enjoyment |
| Calculated from bills, receipts, pay stubs | Calculated using multipliers and per diem methods |
| No cap in Missouri car accident cases | No cap in Missouri car accident cases |
| Easier to prove with documentation | Harder to prove—requires testimony, medical records, expert witnesses |
From the Desk of Ryan Bradley“Non-economic damages are often the most significant part of a serious injury claim, but they are also the hardest to prove. Insurance companies will try to downplay your suffering. Our job is to tell your story and show a jury exactly how the accident has impacted every aspect of your life.” |
Bradley Law Advantage“In a tragic case, we demonstrated the profound personal loss a family endured, resulting in a $14 million wrongful death settlement for the loss of a child—a record in Missouri history that reflects the immense value of these non-economic damages.” |
Punitive Damages: Punishing Reckless Behavior in Missouri
Punitive damages are rare in Missouri, as they aren’t intended to compensate you but to punish the defendant and deter others from similar conduct. Punitive car accident damages in Missouri are only awarded in cases involving extreme recklessness or intentional harm.
According to Missouri Revised Statutes § 510.261, recovering punitive damages in a Missouri car accident case entails proving that the defendant either acted with intentional harm (they deliberately tried to hurt you) or with a wanton disregard for safety (they consciously ignored obvious risks to others). Punitive damages may apply in drunk driving accidents, extreme road rage incidents, street racing, or fleeing police at high speeds through populated areas.
Missouri’s Car Accident Punitive Damages Cap
Missouri law, specifically Missouri Revised Statutes § 510.265, generally caps punitive damages at the greater of $500,000 or five times your compensatory damages. For example, if you receive $200,000 in compensatory damages, including economic and non-economic, your punitive damages could reach $1 million (five times $200,000), since that’s greater than the $500,000 minimum cap.
However, if the defendant is convicted of a felony related to the accident, such as drunk driving or vehicular assault, the cap doesn’t apply. The same is true if the State of Missouri is the plaintiff (bringing the lawsuit against the wrongdoer).
A Critical Factor: How Missouri’s Comparative Negligence Reduces Your Award
Missouri follows a “pure comparative negligence” rule under Missouri Revised Statutes § 537.765. This law can dramatically impact your compensation if you have some responsibility for the accident. Your damages are reduced by your percentage of fault, but theoretically, you could still recover even if you’re 99% at fault. Here’s an overview of how your degree of fault can impact your recovery:
| Your Total Damages | Your Fault Percentage | Reduction | You Receive |
|---|---|---|---|
| $100,000 | 0% | $0 | $100,000 |
| $100,000 | 10% | $10,000 | $90,000 |
| $100,000 | 30% | $30,000 | $70,000 |
| $100,000 | 50% | $50,000 | $50,000 |
| $100,000 | 75% | $75,000 | $25,000 |
| $100,000 | 99% | $99,000 | $1,000 |
Why Comparative Negligence Matters for Your Missouri Car Accident Compensation
Insurance companies may try to exploit comparative negligence by increasing your fault percentage to reduce what they pay. They may claim you were speeding, distracted, or failed to yield, even when the other driver clearly caused the crash.
If you have any responsibility for a crash, you’ll need a skilled attorney who knows how insurance companies tick and who can fight these accusations. At Bradley Law, we experience firsthand how insurance companies try to shift blame. We can investigate your case thoroughly, gather evidence that proves the other driver’s fault, and counter the insurance company’s attempts to blame you.
How to Prove the Full Value of Your Damages
Winning your case and recovering maximum compensation requires compelling evidence and proof of liability. You can’t just tell a jury you’re in pain, but you need evidence that demonstrates the full scope of your losses. Here’s what you’ll need:
- Comprehensive medical documentation: Detailed records from your doctor, specialist, therapist, and hospital visit showing your injuries and treatment. Documentation should also show your prognosis and future medical needs.
- Records of your financial damages: Keep records of your medical bills and gather pay stubs and employment records proving your lost income. Don’t forget to retain receipts of all out-of-pocket expenses, including over-the-counter and prescription medications, transport costs, etc.
- Evidence showing the impact of your injury: Powerful “day-in-the-life” evidence strengthens your case. This includes photos, videos, and journal entries showing your pain and how your injuries affect daily activities. Record what you can no longer do, like playing with your kids or doing housework.
- Expert testimony: Accident reconstruction experts can be vital for proving how the crash happened and who’s at fault. Medical experts can offer compelling evidence regarding your injuries, such as explaining why you’ll face chronic pain.
- Witness statements: Family members, friends, coworkers, and others can testify about how the accident has changed you and your life, including your personality, capabilities, and life quality.
Bradley Law uses this evidence, and more, to build compelling cases and pursue full and fair compensation. Our track record in car accident cases speaks for itself. In 2014, Ryan Bradley secured the number one car accident settlement in Missouri, and in 2012, he had the most reported winning cases in the state.
But remember that you, too, have a crucial role to play in your accident case. The steps you take immediately after an accident and in the following days can make or break your case. Download Bradley Law’s comprehensive Missouri Car Accident Checklist to guide you through those critical first steps.
Don’t Miss the Deadline: Missouri’s Statute of Limitations for Car Accidents
Under Missouri’s car accident laws, you have five years from the accident date to file a personal injury lawsuit (Missouri Revised Statutes § 516.120). If someone died in the crash, the deadline for a wrongful death lawsuit is only three years from the date of death.
Five years sounds like plenty of time, but waiting too long can hurt your case as evidence can disappear and witnesses may forget critical details.
Special Rules for Government Defendants
Regardless of the Missouri statute of limitations, claims against the government have additional time limits and administrative hurdles. If a city bus or state employee caused your accident, you’ll have to act fast and file a formal notice of claim within 90 days of the crash, or you risk losing your right to pursue damages.
Why Choose Bradley Law to Maximize Your Missouri Car Accident Compensation
We prepare every case for trial, not just settlement negotiations, which gives us leverage in negotiations with insurance companies. They know we’re not afraid to go to court and fight for maximum compensation when they’re deciding whether to make a fair offer or risk facing us in front of a jury. When insurance companies see Bradley Law representing you, they know we won’t back down.
But Bradley Law doesn’t just want you to get every dollar you deserve; we also want you to recover as soon as possible. Unlike many other firms, we provide a dedicated medical coordinator to ensure you get proper treatment for a better recovery (and stronger proof of your damages).
And because we know that finances can be tight when you’ve been involved in a crash, we charge no upfront attorney’s fees or legal expenses. We work on contingency, meaning you pay nothing unless (and until) we win your case.
FAQS
What if the at-fault driver doesn’t have enough insurance to cover my damages?
You can pursue compensation through your own uninsured/underinsured motorist coverage if you have it. If the driver has insufficient coverage and you don’t have UM/UIM protection, you may be able to sue the driver personally, though collecting from someone without assets can be challenging.
Will Missouri insurance companies use my medical history against me?
They might try. Adjusters often comb through medical records to argue a victim’s pain isn’t from the crash. You need a St. Louis car accident attorney who can work with medical experts to document what the crash caused versus your prior injuries and health conditions.
Do I need to accept the insurance company’s first settlement offer?
No, you don’t have to accept an early settlement offer. The first offer is typically an attempt by the insurance company to get away cheaply and quickly, and you could be leaving money on the table. Once you accept and sign a release, you can’t go back for more compensation later. Before accepting, contact a Missouri personal injury lawyer who can assess the full worth of your claim.
Will going to trial take longer than settling my case?
Most likely, yes. While cases may settle within a year or sooner, those that go to trial can take years. That said, Bradley Law recommends a “trial-ready” approach, as that often leads to higher settlement offers. Insurance companies want to avoid the risk and expense of court. If they know you don’t shy away from trial, you could recover more.
What if I had a pre-existing injury that the crash made worse?
You can still recover damages under Missouri’s “eggshell plaintiff” doctrine, which states that defendants must take victims as they find them. If the crash aggravated health issues, such as worsening your bad back or an old knee injury, the at-fault driver is typically responsible for that increased harm.
Don’t Settle for Less – Contact Bradley Law Today
Are you buried in medical bills, and insurance adjusters are pressuring you to settle for pennies on the dollar? Let us take that stress off your shoulders immediately, so you can focus on your recovery.
When you hire Bradley Law, we can handle the insurance calls and legal formalities and fight for every dollar you deserve. Since 2002, we’ve recovered over $100 million for injured Missourians, including multiple record-breaking settlements. Let us put our experience to work for you while you concentrate on your health.
The time to pursue car accident damages in Missouri is limited. Contact us now for a free case review and learn about your legal options and the next best steps.