How much can you sue for emotional distress in Missouri?
Asked by: Dr. Mitchell Mayert | Last update: December 15, 2025Score: 4.6/5 (69 votes)
Missouri law does not set a cap on the amount of pain and suffering damages you can claim in most personal injury cases. This means that the jury has significant discretion to award damages they believe are fair and reasonable based on the evidence presented.
What is the most you can sue for emotional distress?
The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances. You would need one or more medical opinions to support this claim and be prepared to have those medical advisors testify in court.
What is emotional distress worth?
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
What evidence do you need for emotional distress?
Medical records that attest to the victim's injuries or diagnosis of mental health conditions, such as PTSD, anxiety, and depression, are among the most important pieces of evidence that prove emotional distress in court.
How hard is it to win an emotional distress case?
Emotional damages WITHOUT any kind of physical harm are both rarely awarded and hard to prove. The burden of proof is the same as any other kind of civil case, preponderance of the evidence, but without psychiatric records it's going to be hard to convince a jury.
Compensatory Damages 101, Your Guide To Emotional Distress
How do you prove emotional anguish?
To prove emotional distress as an injury, you need to be able to demonstrate cause and effect. This may mean documenting changes to your regular daily routines, submitting letters from friends, colleagues and your employer, and providing proof of any medical treatment you've sought for your symptoms.
How does suing for emotional distress work?
In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.
What evidence do you need for a PTSD claim?
Medical evidence is going to be an important part of documentation for a PTSD disability claim. Medical records, whether a private physician, VA doctor, or in-service treatment will be a way to demonstrate the frequency, duration, and severity of symptoms.
Who can diagnose emotional distress?
Diagnosis of emotional distress
To help a person identify the cause of their symptoms, a healthcare or mental health professional may ask them about recent experiences and major life events that may be sources of distress.
How much compensation for distress and inconvenience?
The adjudicator will decide whether it's fair and reasonable to make an award for inconvenience and distress. They can make an award up to £2500, but most awards are between £100- £200.
What is an example of an emotional distress claim?
Examples of negligent infliction of emotional distress can include: Witnessing a family member or loved one's serious injury or death. Being involved in a traumatic accident caused by someone's negligence. Enduring emotional harm due to someone's careless actions.
What is considered extreme emotional distress?
Severe emotional distress refers to intense psychological suffering that a person experiences due to the intentional or reckless conduct of another. This type of distress is more than mere annoyance or upset; it can lead to significant mental anguish, anxiety, depression, or even physical symptoms.
How do you calculate emotional distress?
As with physical pain and suffering, courts may use a multiplier method to calculate emotional distress damages. This involves multiplying the plaintiff's economic damages (such as medical bills) by a number, usually between 1.5 and 5, depending on the severity of the distress.
How much can I sue for defamation of character?
The amount one can sue for defamation varies widely based on several factors including the severity and extent of damage caused by the defamatory statement. However, damages typically range from thousands to millions of dollars depending on circumstances such as loss earnings and emotional distress.
What do punitive damages mean?
Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful.
How much does PTSD disability pay?
Is PTSD a disability? Yes. Depending on the severity, a veteran's diagnosis of PTSD is eligible for a VA disability rating of 100% ($3,831.30/month), 70% ($1,759.19/month), 50% ($1,102.04/month), 30% ($537.42/month), 10% ($175.51/month), or 0% (no payment).
What is a 5103 notice letter?
The Department of Veterans Affairs (VA) shall provide to the claimant, by the most effective means available, a notice (hereafter referred to as 'Section 5103 notice') of any information and medical or lay evidence not previously provided that is necessary to substantiate the claim.
Why do PTSD claims get denied?
1. Insufficient Evidence. This is probably the biggest reason why your PTSD claim may be denied. Evidence of a link between an in-service stressor and the current PTSD diagnosis is absolutely critical in order to win your claim.
How much can you sue for emotional?
Some PTSD lawsuits have settled for between $50,000 to $100,000. To prove PTSD in court often comes with challenges, and a plaintiff must have proper expert testimony. Jurors will want to hear from a treating psychologist or psychiatrist and see that the victim has undergone a significant course of treatment.
Do I need a lawyer to sue for emotional distress?
Proving that emotional distress took place can be a difficult legal claim to support. As with any lawsuit, working with an experienced lawyer who can help you collect pertinent evidence is one of the best ways to seek success in your case.
Can I make a claim for emotional distress?
In severe cases, emotional distress can also lead to lost income or diminished earning capacity, for which claimants may seek compensation. The amount of damages awarded will depend on factors such as the severity of emotional distress, impact on daily life, and specific circumstances of the case.
What is the average payout for PTSD?
The average PTSD settlement amount is often between $10,000 and $100,000. Factors that influence the amount include injury severity, loss of income, how fault is determined, and the impact of injuries on everyday life.