What Is My Injury Claim Worth in Mid-MO?
Were You Injured or Did You Lose a Loved One in an Accident in Mid-Missouri? Learn What Your Personal Injury Claim May Be Worth
Duckworth Injury Law Has Fought & Won Countless Personal Injury & Wrongful Death Claims in Missouri. We’re Here To Help You Understand How Much Compensation May Be AwardeD
Recovering from a serious injury or coping with the loss of a loved one can be physically and emotionally exhausting. The last thing you need during this difficult time is additional uncertainty. One of the first questions many people have is, “What is my claim actually worth?” The answer depends on several factors, including the severity of your injuries, the losses you have experienced, and the specific circumstances of your case. However, there is a clear process for understanding how a claim’s value is determined.
Below, we explain the formula used to calculate the value of a Missouri personal injury or wrongful death claim. At Duckworth Injury Law, we also understand the financial concerns that can arise during this time. As a
contingency fee law firm, we require no upfront payment, and attorney’s fees are only collected if we recover compensation for you.
To learn more about what your claim may be worth, contact Duckworth Injury Law today to schedule your free consultation.
How Is the Value of a Missouri Injury Claim Calculated?
There is no single number that applies to every injury. Two people hurt in the same crash can have very different claims. That said, most Missouri claims are valued using the same basic formula:
Economic Damages + Non-Economic Damages – % of Comparative Fault = Settlement Value
This guide functions as a Missouri injury claim value calculator to help you understand each piece of that formula. Keep in mind that it is an educational tool, not a promise. Only a review of your actual case can tell you what your claim may be worth.
Step 1: Add Up Your Economic DamageS
Economic damages are losses that can be assigned a monetary value, such as expenses documented through bills, pay stubs, or receipts. These damages are generally the most straightforward part of a claim to calculate, but they can still be underestimated, particularly when accounting for future expenses.
Several of these damages warrant closer consideration. Future earning capacity is particularly important when an injury prevents you from returning to your previous job or working altogether. Future medical expenses must also be considered when treatment is ongoing or additional care, such as surgery, long term therapy, or other medical services, will be necessary for years to come. Failing to account for these expenses in a settlement can be costly because, once a claim is settled, you generally cannot seek additional compensation for losses that were not included.
Common examples of economic damages
- Lost wages & income
- Medical expenses
- Funeral expenses
- Future earning capacity
- Property damage
- Out-of-pocket expenses
Step 2: Add Your Non-Economic Damages
Non-economic damages compensate you for the ways an injury has affected your life beyond financial losses. Although these damages represent real and significant losses, they are often the most contested aspect of a claim because they cannot be calculated using bills, receipts, or other financial records.
Insurance companies don’t use a single formula for non-economic damages, and you should be skeptical of anyone who claims there is a simple multiplier that works every time. What tends to matter most is how serious and lasting your injuries are, how much they have changed your daily life, and how well that story is documented through medical records, treatment history, and the people who see you every day.
Typical non-economic damages
- Physical pain & suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Physical impairment
- Loss of consortium
Step 3: Subtract Any Percentage of Comparative Fault
Missouri follows a legal rule called
pure comparative fault.
Under this rule, a jury or insurance adjuster may determine that multiple parties contributed to an accident, and your compensation is reduced by your percentage of fault. However, being partially responsible for an accident does not automatically prevent you from recovering compensation. You may still recover damages even if you share some responsibility, but your total award will be reduced accordingly.
Economic damages: $36,000 (medical bills, lost wages, and out-of-pocket costs)
+ Non-economic damages: $40,000
= Total damages: $76,000
– 20% comparative fault: –$15,200
= Settlement Value: $60,800
This example is for illustration only. Every case is different, and the numbers above are not a prediction of what any particular claim is worth.
Because fault directly changes what you recover, expect the insurance company to look for any reason to assign you a larger share of blame. This is one of the biggest reasons not to give a recorded statement or accept a quick offer before speaking with an attorney.
Factors That Can Increase or Decrease the Value of Your Claim
Beyond the formula, several practical factors influence a claim’s value. The severity and permanence of your injuries play a significant role, as broken bones, surgeries, traumatic brain injuries, and permanent impairments generally support higher claims than injuries that fully heal. Medical treatment and documentation are also important. Consistent treatment and thorough medical records can strengthen a claim, while gaps in treatment may give insurers grounds to question the extent of your injuries. Clear evidence of fault, including photos, witness statements, police reports, and video footage, can also make liability more difficult to dispute.
Insurance coverage is another important consideration, as even a strong claim may be limited by the available insurance policy limits and other assets that could be used to pay a settlement or judgment. Time away from work also affects a claim’s value, as lost income and any lasting impact on your ability to earn contribute directly to your economic damages. Finally, the stage of the claims process can influence the outcome. While settling early may resolve a claim more quickly, it can also mean accepting a settlement before the full extent of your injuries and future medical needs is known.
To better understand the factors that may influence your settlement, contact Duckworth Injury Law to discuss your case.
What Compensation Is Available in a Missouri Wrongful Death Case?
Missouri law also limits the types of compensation a family can recover after a wrongful death. Under RSMo. § 537.090, a jury is permitted to award money for these losses:
- The cost of the funeral and burial
- Financial (pecuniary) losses suffered by the family
- The value of services the deceased used to provide to the family
- Loss of consortium
- Loss of comfort
- Loss of instruction
- Loss of guidance
- Loss of counsel
- Loss of training
- Loss of financial and other support
Beyond those categories, jurors can also award compensation for what your loved one went through between the accident and their death. That includes medical bills, physical pain and suffering, and the enjoyment of life they lost during that time.
Special rules for caregivers and children: Say the person who died didn’t work full time but handled at least half of the care for a minor, a person with a disability, or someone over 65. In that case, the law presumes the care they gave was worth 110% of the state’s average weekly wage. The other side is free to challenge that presumption.
Children are treated a little differently. If the person who died was under 18, the law presumes their financial loss should be calculated using the average income of their parents. That presumption can be challenged too.
Can Families Recover Damages for Grief or Emotional Pain?
No. Missouri does not allow a jury to award compensation for a family’s grief, bereavement, or sorrow over losing a loved one. Any award must fit within the categories listed in RSMo. § 537.090.
Your Settlement Value Is Not the Same as Your Take-Home Amount
Once you understand what your claim may be worth, the next question is how much compensation you will ultimately receive. The settlement amount discussed above represents the gross recovery. Before you receive your net recovery, attorney’s fees, case expenses, medical bills and liens, and any outstanding loans must be paid.
Total Settlement Amount
– Attorney Fees
– Case Expenses
– Medical Bills / Liens
– Loans
= Your Net Recovery
In our experience, clients typically receive a net recovery of approximately 50% of the gross settlement. This is why how your case is handled can be just as important as the final settlement amount.
Learn how much of a $100,000 settlement you can expect to take home in Missouri here.
Don’t Wait: Missouri Has a Statute of Limitations for Injury & Wrongful Death Claims
Missouri law establishes deadlines, known as statutes of limitations, for filing lawsuits. Most personal injury claims must be filed within
five years of the date of the injury, while wrongful death claims generally have a
three-year deadline. Exceptions and different rules may apply, particularly when a government entity or medical provider is involved, so it is important not to assume you have ample time to take action. Evidence can disappear, witnesses’ memories can fade, and insurance companies may already be building their cases. The sooner you consult an attorney, the better positioned we are to protect your rights and pursue your claim.
Get a Clear, Honest Answer About What Your Claim May Be Worth in Missouri
A calculator can only provide an estimate. The actual value of your claim depends on the specific details of your case, including your medical records, who was at fault, the available insurance coverage, and your long-term recovery needs. At Duckworth Injury Law, we will review your case with you and provide honest, straightforward advice from a local mid-Missouri attorney. Your consultation is free, and there is no pressure to move forward.
Fill out the form below to schedule your free consultation. One of our team members will reach out to you as soon as possible.
