How Noneconomic Damages Are Determined in a Personal Injury Case

In personal injury lawsuits, plaintiffs are entitled to recover for their economic losses, such as medical expenses and loss of income, and for intangible losses that do not have a direct financial cost but that significantly affect their quality of life and emotional well-being. These noneconomic damages include pain and suffering, emotional distress, disfigurement and loss of consortium.

Noneconomic damages can be many times greater than economic damages due to the profound impact these losses have on an individual's life. Economic damages, such as medical bills or lost wages, are quantifiable and can be substantiated by receipts, bills, and employment records. Noneconomic damages, by contrast, are subjective and are assessed by jurors using their own experience and discretion. There are no limits on how high these damages awards can run in personal injury cases.

Missouri law does place caps on noneconomic damages in medical malpractice lawsuits. As of 2025, these limits are $473,444 for non-catastrophic personal injuries and $828,529 for catastrophic injuries, such as quadriplegia or paraplegia, loss of two or more limbs, irreversible failure of a major organ, significant and permanent cognitive impairment or major vision loss. These caps are adjusted annually for inflation. However, there are no caps on noneconomic damages for general personal injury claims outside of medical malpractice. Juries thus have discretion to award these damages as they see fit.

Plaintiffs’ personal injury attorneys can substantiate noneconomic damages by introducing personal testimonies, psychological evaluations and descriptions of daily life activities before and after the incident. Medical experts might testify about the expected longevity of the plaintiff and the impact of physical and emotional pain, while family members and friends might describe the changes in the plaintiff’s personality or lifestyle. This type of evidence paints a vivid picture of the ongoing and often permanent repercussions of the injury, making it difficult for the defense to effectively rebut it.

Defense tactics in these cases often involve questioning the credibility of the plaintiff and the severity of their non-monetary injuries. Defendants and their insurers may employ medical experts to offer testimony that contradicts the plaintiff’s claims about the extent or nature of the injuries. Additionally, the defense might scrutinize the plaintiff's social media and public appearances to find evidence suggesting that the plaintiff’s lifestyle is not as severely impacted as claimed. These strategies aim to minimize the perceived impact of the injuries and thus reduce compensation for noneconomic damages.

No matter how serious your injuries, the attorneys at the Guirl Law Firm will work to get you the maximum recovery allowed under the law. Call our 24-hour toll-free hotline at 314-391-2585 or contact us online to schedule your free initial consultation. 

How Noneconomic Damages Are Determined in a Personal Injury Case

In personal injury lawsuits, plaintiffs are entitled to recover for their economic losses, such as medical expenses and loss of income, and for intangible losses that do not have a direct financial cost but that significantly affect their quality of life and emotional well-being. These noneconomic damages include pain and suffering, emotional distress, disfigurement and loss of consortium.

Noneconomic damages can be many times greater than economic damages due to the profound impact these losses have on an individual's life. Economic damages, such as medical bills or lost wages, are quantifiable and can be substantiated by receipts, bills, and employment records. Noneconomic damages, by contrast, are subjective and are assessed by jurors using their own experience and discretion. There are no limits on how high these damages awards can run in personal injury cases.

Missouri law does place caps on noneconomic damages in medical malpractice lawsuits. As of 2025, these limits are $473,444 for non-catastrophic personal injuries and $828,529 for catastrophic injuries, such as quadriplegia or paraplegia, loss of two or more limbs, irreversible failure of a major organ, significant and permanent cognitive impairment or major vision loss. These caps are adjusted annually for inflation. However, there are no caps on noneconomic damages for general personal injury claims outside of medical malpractice. Juries thus have discretion to award these damages as they see fit.

Plaintiffs’ personal injury attorneys can substantiate noneconomic damages by introducing personal testimonies, psychological evaluations and descriptions of daily life activities before and after the incident. Medical experts might testify about the expected longevity of the plaintiff and the impact of physical and emotional pain, while family members and friends might describe the changes in the plaintiff’s personality or lifestyle. This type of evidence paints a vivid picture of the ongoing and often permanent repercussions of the injury, making it difficult for the defense to effectively rebut it.

Defense tactics in these cases often involve questioning the credibility of the plaintiff and the severity of their non-monetary injuries. Defendants and their insurers may employ medical experts to offer testimony that contradicts the plaintiff’s claims about the extent or nature of the injuries. Additionally, the defense might scrutinize the plaintiff's social media and public appearances to find evidence suggesting that the plaintiff’s lifestyle is not as severely impacted as claimed. These strategies aim to minimize the perceived impact of the injuries and thus reduce compensation for noneconomic damages.

No matter how serious your injuries, the attorneys at the Guirl Law Firm will work to get you the maximum recovery allowed under the law. Call our 24-hour toll-free hotline at 314-391-2585 or contact us online to schedule your free initial consultation. 

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