Missouri Personal Injury Verdicts and Settlements

This page looks at personal injury lawsuits in Missouri, focusing on Missouri law and expected settlement amounts and jury payouts in Missouri.

Specifically, our lawyers explain the Missouri tort law you need to know, including the types of damages plaintiffs can get in Missouri, how long they can wait before filing a case, and what damage caps there are. We will also examine the average compensation payout in Missouri personal injury cases by examining sample verdicts and reported settlements from recent Missouri cases.

Missouri Personal Injury Laws

Below is a summary of some of the key points of law in Missouri personal injury lawsuits, including the statute of limitations, caps on damages, and more.

Missouri Statute of Limitations for Personal Injury Cases

In Missouri, the statute of limitations for personal injury cases is generally five years. This means that if you’ve been injured due to someone else’s negligence or wrongful actions, you have five years from the date of the injury to file a lawsuit in Missouri’s civil courts. There are some exceptions to this general rule:

Medical Malpractice: The statute of limitations for medical malpractice cases in Missouri is typically two years from the date of the alleged malpractice. However, there are certain circumstances where this period may be extended, such as in cases where the injury was not immediately discoverable. We talk about this more below.

Wrongful Death: For wrongful death cases in Missouri, the statute of limitations is three years from the date of death.

Discovery Rule: In some cases, if the injury was not discovered right away, the statute of limitations might begin from the date the injury was discovered or reasonably should have been discovered.

It’s important to file your claim within the applicable time limits, as failing to do so can result in losing the right to pursue compensation for your injuries. Consulting with an attorney can help ensure your case is filed timely and within the correct limitations period.

Missouri Follows Pure Comparative Fault

In cases involving shared fault (where the plaintiff is partly to blame for what happened) Missouri follows a “pure comparative negligence” rule. This means that any compensation you receive will be reduced by your percentage of fault in the incident. As long as you are not entirely (100%) at fault, you can still recover some damages.

This principle applies to personal injury cases as established in Gustafson v. Benda, 661 S.W.2d 11, 15-16 (Mo. 1983), and to product liability cases under Missouri Revised Statutes § 537.765 (2024). For example, if a plaintiff suffers $500,000 in damages and is found to be 20% at fault, their recovery will be reduced by 20%, leaving them with a $300,000 jury payout.

Missouri Strict Liability for Dog Bites

Missouri has adopted strict liability in injury cases involving dog bites.  Under the strict liability rule, a dog owner is liable for damages even if they had no prior knowledge of the dog’s dangerous propensities or had no reason to believe the dog would bite.

To establish a claim under the dog bite statute, the plaintiff must prove three elements:

1. The defendant is the owner of the dog.
2. The dog bit the plaintiff without provocation.
3. The plaintiff was either on public property or lawfully on private property at the time of the bite.

If these elements are satisfied, the dog owner is generally liable for the plaintiff’s damages, regardless of the owner’s knowledge or negligence.

Missouri Sex Abuse Lawsuits

Victims of sexual abuse or sexual assault are entitled to file a civil lawsuit under Missouri law and get financial compensation for emotional pain and suffering. Missouri sex abuse lawsuits can be filed against either the individual perpetrator of the abuse, or third parties such as schools, churches, organizations, and others who negligently enabled the abuse to occur.

Missouri Mass Tort Claims

There are a number of national mass torts or “class actions” that involve hundreds of Missouri plaintiffs, including claims our law firm is handling across the country:

• Hair relaxer lawsuit: recent evidence has shown that long-term use of chemical hair relaxer products (most commonly used by African American women) can cause uterine cancer, ovarian cancer, uterine fibroids, and other conditions. This has prompted hundreds of women to file hair relaxer lawsuits.
• Paraquat Lawsuits: Paraquat is a commercial-grade herbicide used in farming. These lawsuits allege that years of chronic exposure to Paraquat can cause early-onset Parkinson’s disease.
• Camp Lejeune Lawsuit: As you know from the deluge of television commercials, individuals exposed to contaminated water at Camp Lejeune are now able to file for compensation.
• Bard PowerPort Lawsuit: Complications, including infections associated with the use of Bard PowerPort devices, are leading to litigation.
• Roundup NHL Lawsuit: St. Louis has been a hotbed for lawsuits alleging that the pesticide Roundup causes cancer.

Damages in Missouri Personal Injury Cases

Under Missouri law, a plaintiff physically injured due to the defendant’s negligent actions is entitled to “damages” in the form of financial compensation to restore the plaintiff to their position before the injury. Plaintiffs in Missouri personal injury cases are entitled to the following categories of damages:

• Medical Expenses: Missouri accident victims can get financial compensation for the full cost of any medical treatment reasonably necessary to recover from the injuries they suffer in the accident. This includes hospital stays, operations, physical therapy, diagnostic imaging, medications, and surgery. Missouri plaintiffs can get compensation not just for medical that have already been incurred but also for future medical expenses that will reasonably be incurred in the years to come.
• Lost Income: If the injuries caused by the defendant’s negligence force the plaintiff to miss work or leave them temporarily or permanently unable to earn a living, then Missouri law entitles the plaintiff to compensation for the lost income or lost wages. This includes both past lost income and future lost income.
• Pain and Suffering: As we mention below, this is usually the most significant component of damages in Missouri’s personal injury or wrongful death claim. Plaintiffs who successfully bring a personal injury lawsuit in Missouri are entitled to financial compensation for the mental pain and suffering they experience due to the physical injuries caused by the defendant’s negligence.

Missouri Statute of Limitations in Personal Injury Lawsuits

Missouri has a five-year statute of limitations for personal injury lawsuits. This means that a prospective plaintiff in Missouri must file their personal injury lawsuits within five years, or they will be barred from suing. Missouri follows the so-called “discovery rule” for determining when the five-year limitations period begins to run. Under this rule, the 5-year time limit begins to run when the plaintiff reasonably could have discovered that they had a potential personal injury claim against the defendant.

In auto accident cases, the five-year period begins to run immediately from the accident date because all reasonable drivers should understand that they may have a claim when they get into an accident. However, the date when the limitation period begins is much less evident in more complex cases, such as medical malpractice.

Missouri Malpractice Statute of Limitations

As we discuss above, all legal actions against any healthcare service provider must be filed within two years from the date the alleged negligence occurred, as specified in Mo. Rev. Stat. § 516.105.1.

There are exceptions, including the continuing care exception.  Under this judicially-established principle, the statute of limitations does not start if ongoing treatment is being provided. This treatment must be of a nature that obligates the healthcare provider to continue offering care essential for the patient’s recovery until the treatment concludes.

The obligation for the physician to treat the patient persists as long as necessary, unless the doctor-patient relationship is terminated by (1) mutual agreement between the parties, (2) the physician’s decision to withdraw after giving reasonable notice, (3) the physician being dismissed by the patient, or (4) the end of the medical need that initiated the relationship.

Missouri Wrongful Death Law

Missouri Malpractice Damage Caps

Missouri has a cap on non-economic damages that can be awarded in medical malpractice lawsuits. Non-economic damages include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. The cap was established by a law passed in 2015 and is currently set at $457,749 in 2023 for cases involving medical malpractice.

There are some exceptions to the cap. In cases involving catastrophic injuries, such as paralysis, loss of a limb, or brain damage, the cap can be raised to $801,061. In cases involving wrongful death, the cap is $801,061 in 2023 for cases where the deceased was married, had children, or both, and half the catastrophic cap in cases where the deceased had no spouse or children. Additionally, the cap does not apply to economic damages, which cover things like medical expenses and lost wages, so you can get a jury payout in the tens of millions of dollars, as you see below.

Here is how the cap works. The cap number is based, oddly, on the trial date, not the date of loss:

Settlement Value of Missouri Injury Lawsuits

How Much Are Missouri Personal Injury Lawsuits Worth?

The potential value of a personal injury lawsuit in Missouri depends on many different factors. The most significant factor for determining the possible value of a Missouri injury case is the type and severity level of the plaintiff’s physical injuries. The settlement payout of a case goes up with the severity level of the plaintiff’s injuries.

Another significant factor impacting the potential value of injury cases in Missouri is what type of case it is (e.g., medical malpractice, auto accident, premises liability, etc.) and whether there is insurance to cover the damages. In auto accident cases, the case’s potential value is often limited by the amount of insurance coverage available. By contrast, if the defendant is a doctor or company, they usually have insurance with high liability limits.

These are the other variables that matter in determining Missouri tort claim payouts:

1. Medical Expenses and Lost Wages: This includes current and projected future medical bills and lost wages related to the injury. These “hard damages” are not only significant in their own right but also an anchor for insurance adjusters and juries in calculating pain and suffering payouts.
2. Pain and Suffering: Missouri allows for non-economic damages, compensating the victim for physical pain and emotional distress. Pain and suffering are the most prominent factors in most significant civil personal injury lawsuits.
3. Property Damage: This variable is auto accident specific. If personal property was damaged as a result of the incident, the severity of the property damage will drive settlement payouts.
4. Comparative Negligence: As we talk about above, Missouri follows the “pure comparative fault” rule. If the injured party is partly at fault for the accident, their compensation will be reduced by their percentage of fault.
5. Strength of the Evidence: This is the driving factor in many cases. Of course, if the plaintiff has strong evidence showing the defendant’s negligence, it will push the tort claim’s payout higher.
6. Personal Characteristics: Juries pay more to people they like and also pay more when they dislike the defendant. Sometimes, the parties’ age, profession, background, and personality can influence jury perceptions and settlement amounts in Missouri personal injury lawsuits.
7. Attorney’s Negotiation Skills: Your lawyer matters. A skilled personal injury lawyer will put you in a better position to negotiate a higher settlement payout. Because for a personal injury lawyer, both skill and reputation matter.

These factors, among others, will influence settlement negotiations. Victims seeking settlement compensation should consult a Missouri personal injury attorney to evaluate their case and potential settlement value.

Missouri Personal Injury Verdicts and Settlements

Another way to look at the potential settlement value of your own Missouri personal injury case is by looking at settlements and verdicts in prior injury cases involving comparable facts. Below are summaries of recent tort cases in Missouri that resulted in verdicts or publicly reported settlements.

• 2024, Missouri:  $5,000,000 Million Verdict: A breast cancer survivor suffered permanent loss of feeling in her leg following an 11-hour breast reconstruction surgery where hospital nurses allegedly failed to follow proper standards of care, leading to a compression injury of the sciatic nerve. Despite a jury awarding $5 million, Missouri’s non-economic damages cap that we talk about above reduced the amount to $615,531.
• 2024, Missouri: $8,236,809 Verdict: The plaintiff, who had recently undergone decompressive lumbar laminectomy, returned to the hospital with severe abdominal pain. Despite symptoms of bloating, severe abdominal pain, and cramping, the plaintiff’s condition was not promptly diagnosed as ischemic bowel. The internist, employed by Meritas Health Corporation, examined the plaintiff and noted symptoms but did not order an exploratory laparotomy or fluid resuscitation. The general surgeon also examined the plaintiff, recommended an NG tube, and noted mottling on her legs but did not perform surgery. The next morning, an exploratory laparotomy revealed an ischemic bowel, requiring resection of the distal jejunum, all of the ileum, right colon, and mid-transverse colon. The plaintiff now requires total parenteral nutrition for life and can no longer work. A Clay County jury found the defendants 100 percent at fault, awarding $736,809 for past medical damages, $500,000 for past noneconomic damages, $6,500,000 for future medical damages, and $500,000 for future noneconomic damages.
• 2024, Missouri: $300,000 Settlement. A man was checking on his backyard fence, which the dog was damaging. The dog, an Australian Shepherd, bit his right hand, severing his pinky finger. Despite surgery to reattach the finger, it became infected, leading to partial amputation. Graphic photographs were pivotal in securing this dog bite settlement from the dog owner’s insurer, American Family, for the policy limits of $300,000.
• 2023, Missouri: $3,900,000 Verdict.  A 19-year-old drowned while diving at Offsets Recreation, a swimming and diving area near Fredericktown, Missouri, which had been converted from a flooded quarry. Despite the location’s history of seven previous drownings, there were no lifeguards present. The defense argued that the victim, being an experienced swimmer, was aware of the risks and also highlighted alcohol consumption, but the jury found the business and the landowner liable, pointing to insufficient staffing and supervision during a busy holiday period. The Madison County jury did not buy it and awarded the family a $3.9 million payout.
• 2023, Missouri: $1,500,000,000 Verdict. A jury in Jefferson City awarded $1.5 billion in a Roundup case alleging that exposure to the popular weedkiller caused the plaintiff to develop cancer.
• 2023, Missouri: $1,000,000 Settlement. A 13-year-old autistic boy was molested by another student at a day care facility in a bathroom where staff failed to provide proper supervision. The assailant confirmed during a state official interview that he initiated the abuse and educated the victim about sexual acts. The family of the boy reached a $1 million settlement with the day care.
• 2023, Missouri: $10,000,0o0 Verdicts. A 62-year-old woman was driving on Route 52. Another driver crossed the center line and collided head-on with her vehicle, resulting in catastrophic injuries leading to her death. Initially filed in Henry County, this accident lawsuit placed blame on the driver of the pickup truck. A Cass County jury awarded the widower and their eight adult daughters $10 million. The defense lawyer suggested $500,000 would be a large enough payout to cover this death, which probably helped inflate the award.
• 2023, Missouri: $70,000 Verdict. A woman was T-boned at a St. Louis County intersection. She suffered multiple right knee injuries. The woman underwent a knee repair. She alleged negligence against the at-fault driver. The woman claimed he ran a red light and failed to yield at an intersection. The St. Louis County jury awarded $70,000.
• 2023, Missouri: $1,250,000 Settlement. A woman was rear-ended on Highway 270 in Maryland Heights. She suffered severe head, neck, spinal cord, left shoulder, rib, foot, and hand injuries. She underwent multiple repair procedures. The woman also underwent trauma counseling. She sustained anxiety and depression. The woman alleged negligence against the at-fault driver. She claimed he read Facebook messages while operating his vehicle. This case settled for $1,250,000.
• 2023, Missouri: $11,100,000 Verdict. A 32-year-old man died in a Kansas City apartment fire. His mother alleged negligence against the apartment’s owner. She claimed they failed to install adequate smoke alarms and adequately inspect the premises. The Jackson County jury awarded $11,100,000.
• 2023, Missouri: $50,000 Verdict. A pedestrian was struck at a crosswalk in St. Louis County. He suffered left fibula and tibia fractures. The man received hardware implants. He alleged negligence against the at-fault driver. The man claimed he failed to yield to a pedestrian and watch the road. A St. Louis County jury awarded $50,000.
• 2023, Missouri: $10,000,000 Verdict. A man was T-boned in St. Louis County. He suffered right ankle tears and lumbar injuries. The man underwent ankle and neck repairs. He could no longer work as an exterminator. The man alleged negligence against the at-fault driver. He claimed he ran a red light. The St. Louis County jury awarded $10,000,000.
• 2023 Missouri: $85,000 Verdict. The defendant T-boned a woman who had turned left into a Taco Bell driveway. She suffered an avulsed rib, where the cartilage gets detached from the sternum. A jury awarded her $1.5 million, but the verdict was overturned on appeal. The second jury awarded only $100,000, which was reduced to $85,000 due to comparative fault. Her appeal of that verdict was denied.
• 2023 Missouri: $25,400,000 Verdict. During the mother’s labor, an obstetrician delegated the use and monitoring of Pitocin, a medication used to speed up labor, to a student doctor. However, Pitocin can cause harm to both mother and baby if not used properly. As a result, the baby suffered significant oxygen loss, leading to her disabilities. After a two-week trial, a Jackson County, Missouri jury awarded the child and her family over $25 million.
• 2022, Missouri: $3,300,000 Settlement. At a hotel swimming pool during a cousin’s birthday party, a 10-year-old girl drowned in a section of the pool that was 9 feet deep. The pool water was murky, making it difficult to see her after she submerged. Despite immediate CPR attempts by her father, who was momentarily away on a call, and prompt response from paramedics, the girl could not be revived. The hotel had disconnected a device that would signal chemical imbalances in the water and had previous violations regarding the pool’s flowmeter, which was also not functioning at the time of the incident. The hotel faced criticism for inadequate lighting, a sharply sloping deep end, and lack of supervision by staff. Acknowledging the rarity of large settlements in similar drowning cases, the plaintiffs secured a $3.3 million settlement with the hotel, bringing a measure of justice to the family for the preventable loss of their daughter.
• 2022, Missouri: $340,000 Settlement. In a car accident, a man suffered a fractured sacrum and lumbosacral areas, his pelvis, and ribs. He also suffered a liver laceration and a lung contusion. He spent five days hospitalized. The man underwent physical therapy and rehabilitative therapy. He hired a Missouri personal injury lawyer who alleged negligence against the at-fault driver. The man claimed he ran a red light. He received a $340,000 settlement.
• 2022, Missouri: $375,000 Settlement. A woman exited a store at a mall. She slipped on ice. The woman fractured her kneecap. She underwent knee surgery and physical therapy. The woman recovered after four months. However, she developed permanent post-traumatic knee arthritis two years later. The woman alleged negligence against the property owner and the snow and ice contractor. She claimed they failed to maintain safe premises and remove the ice. This case settled for $375,000.
• 2022, Missouri: $1,000,000 Settlement. A woman was rear-ended while turning left. She injured her head, neck, back, left shoulder, and left knee. The woman alleged negligence against the at-fault driver. She claimed he failed to yield the right-of-way and watch the road. This case settled for $1,000,000.  
• 2021, Missouri: $108,155 Settlement. A 35-year-old passenger was involved in a rear-end collision. She suffered a T2 compression fracture. The woman alleged negligence against her driver. She claimed she failed to maintain an appropriate lookout. This case settled for $108,155.
• 2021, Missouri: $400,400 Verdict. A beverage deliveryman attempted to remove kegs from a trailer. The trailer’s ramp fell while he did this. The man suffered severe right lower limb injuries, including calcaneus and tibia fractures. He alleged negligence against the saloon. The man hired an attorney who filed a lawsuit in Rolla alleging the employees improperly attached the ramp to the trailer. A Phelps County jury awarded $400,400.
• 2021, Missouri: $100,000 Settlement. A man was T-boned at a Kansas City intersection. He suffered sternum, head, back, and right knee pain. The man also suffered forehead abrasions and scalp and facial abrasions. He underwent physical therapy. The man sustained recurring back pain, migraines, and memory lapses. He alleged negligence against the at-fault driver. The man claimed she failed to watch the road and yield the right-of-way. This case settled for $100,000.
• 2021, Missouri: $2,800,000 Verdict. A man was rear-ended on I-44. He suffered a C3-4 injury. The man underwent a disc replacement three years later. He experienced residual neck pain. The man alleged negligence against the at-fault driver. He claimed he failed to slow down for traffic and maintain an appropriate lookout. The St. Louis County jury awarded $2,800,000.
• 2021, Missouri: $3,000,000 Settlement. A delivery van struck a 33-year-old motorcyclist. He suffered right leg and left arm fractures. The man underwent multiple repair procedures. He alleged negligence against the delivery van driver. The man claimed he made an unsafe left turn and failed to watch the road. He also made a vicarious liability claim. This case settled for $3,000,000.
• 2021, Missouri: $300,000 Verdict. A woman was rear-ended. She suffered multiple disc bulges. The woman alleged negligence against the at-fault driver. She claimed she failed to watch the road. The St. Charles County jury awarded $300,000.
• 2021, Missouri: $2,000,000 Verdict. A Canadian truck driver delivered a combine header to a farm implement dealership. A forklift helped unload it. The combine header fell and fatally struck the man’s head. The man’s widow hired a Missouri truck accident lawyer who filed a lawsuit in Linneus alleging negligence against the farm implement dealership. She claimed it used inadequate equipment and improperly trained staff to use them. The Linn County jury awarded $2,000,000.

Hiring a Missouri Personal Injury Attorney

Our law firm handles serious injury and wrongful death lawsuits in Missouri. Our attorneys have a track record of success. We work closely with trusted colleagues within Missouri. Our lawyers do not charge additional contingency fees for having two law firms working on your case – two law firms for the price of one –  and you only owe a fee if you receive settlement compensation or a jury payout.

If you have suffered an injury and believe you have a potential civil tort claim, contact us today for a free, no-obligation consultation. You can contact us online or call us today at 800-553-8082.