When someone suffers a spinal cord injury due to another's negligence, the physical consequences are often immediate and devastating. But beyond the visible trauma lies a complicated web of emotional distress, chronic pain, and loss of quality of life—factors that fall under the legal category of pain and suffering.
Courts recognize these non-economic damages as crucial components of personal injury claims, especially in cases involving spinal cord injuries, where the long-term impact can be profound.
But how exactly do courts in these states evaluate pain and suffering? Unlike medical bills or lost wages, there's no receipt or precise calculation. Instead, judges and juries must consider a range of subjective and objective factors to assign a fair value.
Here, our Kansas City personal injury attorneys at SJP Sifers Jensen Palmer will take you through the typical considerations and state-specific nuances that influence how pain and suffering is assessed in spinal cord injury cases across Missouri and Kansas.
In personal injury law, pain and suffering refers to the physical discomfort and emotional distress a victim endures following an accident. This includes not just immediate pain, but long-term complications like chronic nerve damage, paralysis, anxiety, depression, and loss of enjoyment of life.
For spinal cord injury victims, these damages are often substantial and enduring. While Missouri and Kansas both allow for compensation of these non-economic damages, how they define and value them can differ.
Courts typically consider medical testimony, personal journals, therapy records, and even testimony from family or friends to assess the true scope of a person’s suffering.
Courts in both Missouri and Kansas evaluate pain and suffering by looking at the injury’s severity, permanence, and impact on daily life. Some of the main factors include:
Extent of the injury: Complete vs. incomplete spinal cord damage makes a significant difference. Complete injuries, such as total paralysis below the injury site, typically result in more severe pain and suffering claims due to greater physical limitations and lifestyle changes. Incomplete injuries may allow some mobility, but ongoing pain and complications can still significantly affect quality of life.
Duration of recovery or permanence of disability: Long-term or lifelong injuries generally result in higher awards. Courts consider not only the immediate aftermath but also the likelihood of future complications or the need for ongoing medical care and support. The permanence of disability often weighs heavily, as lifelong suffering demands greater compensation for loss of function and independence.
Impact on employment and lifestyle: Can the individual return to work? Participate in hobbies? Engage in family life? The loss of income or career opportunities due to the injury often amplifies pain and suffering, as financial stress compounds emotional distress. Similarly, being unable to enjoy previously fulfilling activities or maintain relationships contributes to the overall hardship that jurors seek to address.
Medical evidence and expert testimony: Detailed medical records and expert knowledge help juries understand the depth of the injury. Medical experts can explain complicated conditions and prognoses in layman's terms, giving the court a clearer picture of both visible and invisible suffering. This evidence helps translate subjective pain into objective criteria, assisting juries in reaching a fair evaluation.
While Missouri doesn't cap non-economic damages in most personal injury cases, Kansas imposes a cap that can limit how much a jury can award for pain and suffering, depending on the date the injury occurred.
Though neighboring states, Missouri and Kansas both approach damages quite differently. Missouri generally allows juries wide discretion in awarding pain and suffering damages, especially in spinal cord injury cases where the consequences are lifelong.
There's no statutory cap on non-economic damages in standard personal injury claims (though medical malpractice cases do have caps).
In contrast, Kansas places a statutory limit on non-economic damages in all personal injury cases, including those involving spinal injuries. As of recent updates, this cap varies by year and is currently set at around $350,000–$400,000. This can significantly impact the total compensation a plaintiff may receive, regardless of the injury's severity.
Because pain and suffering are inherently subjective, courts rely heavily on expert testimony to help quantify and explain these damages.
In spinal cord injury cases, medical experts such as neurologists, orthopedic surgeons, and pain specialists provide crucial perspectives into the severity, prognosis, and long-term effects of the injury.
Psychologists or psychiatrists may also testify about the mental health impacts, including depression, anxiety, or post-traumatic stress disorder (PTSD).
This expert input helps jurors understand not just the physical pain but also the emotional and psychological toll, allowing them to make a more informed decision on awarding appropriate compensation.
Juries often face the challenging task of putting a dollar value on intangible losses. They assess all the evidence presented, including witness testimony, medical records, and the plaintiff’s own account of their suffering.
Juries tend to look for consistency and credibility, so detailed personal stories and documented evidence can make a big difference. In spinal cord injury cases, juries also consider the lasting nature of the injury and its interference with the victim’s ability to live a “normal” life.
While there’s no set formula, many jurors are influenced by the perceived severity and permanence of the injury, as well as the defendant’s degree of fault.
For those pursuing pain and suffering damages after a spinal cord injury, preparation is key. Plaintiffs should:
Keep detailed records: Maintain pain diaries, document emotional struggles, and keep track of all treatments.
Follow medical advice closely: Consistent treatment strengthens the case and shows the ongoing impact of the injury.
Gather witness statements: Friends and family can provide powerful testimony about how the injury has changed the plaintiff’s life.
Work with experienced attorneys: Lawyers familiar with Missouri and Kansas laws can help manage state-specific rules and advocate effectively for fair compensation.
By proactively documenting the full scope of their suffering, plaintiffs can better assure their pain and suffering claim reflects the true impact of their spinal cord injury.
If you've experienced a spinal cord injury and you're concerned about how the courts may evaluate your pain and suffering, our firm at SJP Sifers Jensen Palmer is there for you.
We're dedicated to serving clients in Kansas City, Missouri; Springfield, Missouri; and Kansas City, Kansas. Contact us today to schedule a consultation.
When someone suffers a spinal cord injury due to another's negligence, the physical consequences are often immediate and devastating. But beyond the visible trauma lies a complicated web of emotional distress, chronic pain, and loss of quality of life—factors that fall under the legal category of pain and suffering.
Mass tort litigation presents a unique and often overwhelming legal process for plaintiffs seeking justice. Unlike individual lawsuits, mass tort cases involve large groups of people harmed by the same product, action, or event, creating intricate legal, procedural, and strategic challenges.
Semi truck accidents, often involving large commercial vehicles like tractor-trailers, are among the most devastating incidents on Missouri’s roads. Due to their size, weight, and operational intricacy, these accidents frequently result in severe injuries, fatalities, and significant property damage.
