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Do I Get Pain and Suffering If It's Not My Fault?

| April 3, 2026
Do I Get Pain and Suffering If It’s Not My Fault?
Pain and suffering compensation in Missouri car accident cases
A.J. Bruning
A.J. Bruning | Car Accidents | April 2, 2026
Table of Contents
  • Detailed Explanation
  • Related Considerations
  • Get Help: Contact The Bruning Law Firm
Key Takeaway: Yes, you can receive pain and suffering compensation for your car accident in Missouri if it is not your fault. It is part of the non-economic damages you can seek under personal injury law to compensate you for the physical pain, emotional distress, and reduced quality of life you experienced since the accident. Missouri bases compensation on evidence that proves severity, permanence, and impacts to daily life.

Table of Contents

Toggle
  • Detailed Explanation
  • Related Considerations
    • How is pain and suffering calculated in a Missouri car accident?
    • Is Missouri a no-fault state?
    • What can I do to maximize my pain and suffering claim?
  • Get Help: Contact The Bruning Law Firm

Detailed Explanation

Understanding how much your car accident claim is worth largely depends on the type and severity of your injuries. With average car accident settlements including pain and suffering, there is a need to show proof.

However, unlike medical expenses that have bills and receipts that detail these costs, pain and suffering is subjective. As such, it requires documentation such as records for therapy, journals describing your daily struggles, and testimony from those in your life who have seen it drastically changed as a result of the crash. Only uninsured drivers in Missouri are barred from seeking non-economic damages like pain and suffering. At The Bruning Law Firm, our St. Louis auto accident lawyers help you understand your rights as a victim under Missouri personal injury law to maximize your compensation.

Injured and it wasn't your fault? You deserve compensation for your pain. Call (314) 735-8100 for a free consultation.

Related Considerations

How is pain and suffering calculated in a Missouri car accident?

Missouri doesn't have a set formula that it uses to calculate pain and suffering, though insurance companies will typically use the multiplier method. This involves calculating the total of all economic damages, which are your tangible losses like medical bills and lost wages. That total is then multiplied by a number from 1.5 based on the severity of the injuries, where the most severe of injuries would be rated with a 5. Learn more about how to calculate pain and suffering in a settlement.

Is Missouri a no-fault state?

Missouri is not a no-fault state and instead requires the at-fault driver's insurance to cover damages incurred by victims in car accidents. Even if you were partially at fault, you can still recover compensation as long as you are 99% or less to blame. You can still claim pain and suffering even when you are assigned a percentage of fault. Understanding what non-economic damages are in auto accident cases is essential to getting the most out of your claim.

What can I do to maximize my pain and suffering claim?

Ask our Missouri car accident lawyers and they will tell you to document everything in a detailed journal that includes your pain levels, physical limitations, and logs your anxiety or depression. Following all medical treatment for both physical and mental health is also crucial as these will reflect the longevity and severity of your injuries, making it more likely that your pain and suffering claim will be higher.

Get Help: Contact The Bruning Law Firm

The Bruning Law Firm helps St. Louis car accident victims understand their rights and legal options under Missouri personal injury law to maximize compensation for both economic and non-economic damages. There is no fee unless we win, so call (314) 735-8100 today to schedule a free consultation with our St. Louis pain and suffering car accident lawyers.

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