Section 1 Introduction

• Library: Damages 2012

Pain and suffering is an integral element of any personal injury claim. Unlike other elements of damages—such as medical expenses incurred or lost earning capacity—there is no mathematical formula or historical track record that can be utilized as a reference point. Likewise, the Missouri Approved Jury Instructions offer very little guidance. For example, MAI 4.01 [2002 Revision], the general damage instruction, only instructs the jury to award an amount that “will fairly and justly compensate plaintiff for any damages . . . sustained.” Even in the jury instructions relating to healthcare claims in which a specific definition appears, because damages are...