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★ Missouri · back & spine

Back & spine settlements
in Missouri.

By Reviewed by Abd Shanti, Founder9 min read

Three Missouri rear end and truck crash cases show how back injury awards are fought after the verdict. A $400,000 award cut to $100,000 by the judge was restored on appeal, a plaintiff got a new trial after the defense put his medical bills before the jury, and a $15,000 award stood because of an old back injury.

Facts that decide a back & spine claim in Missouri

Medical bills at trialWhen a plaintiff abandons the claim for medical expenses, the defense cannot put the amount needed to satisfy those bills before the jury.Schieffer v. DeCleene (Mo. Ct. App. 2017), applying Mo. Rev. Stat. § 490.715
Earlier injuriesThe defense may ask about a prior injury to the same part of the body when it bears on what the crash caused.Lewey v. Farmer (Mo. Ct. App. 2012)
Deadline to sueFive years for an action “for any other injury to the person or rights of another, not arising on contract.”Mo. Rev. Stat. § 516.120(4)
Claims against governmentFor street defects in cities over 100,000 people, notice within 90 days; public entity liability is capped at $300,000 per person and $2 million per occurrence in the statute, adjusted each January.Mo. Rev. Stat. §§ 82.210, 537.610; see our notice table
★ MO · reported back & spine outcomes

What Missouri courts have awarded.

Real Missouri decisions and verdicts, each linked to the court record or official report.

  • Missouri Court of Appeals · 2009
    $400,000 verdict reinstated

    Lauren Wiley was driving her Ford Escort when an eighteen wheeler that ran a red light while its driver talked on his phone hit her, injuring her back. The driver admitted liability and the jury awarded $400,000. The trial judge cut the verdict by $300,000, to $100,000. The Court of Appeals reversed the remittitur and entered judgment on the full $400,000 verdict.

  • Missouri Court of Appeals · 2017
    Verdict reversed; new trial

    Randy Schieffer was rear ended in November 2011 and developed neck, shoulder and back pain that did not improve. On the morning of trial he dropped his claim for medical bills, but the judge still let the defense tell the jury that $14,743.75 had satisfied those bills. The Court of Appeals held that evidence was wrongly admitted and ordered a new trial.

  • Missouri Court of Appeals · 2012
    $15,000 verdict affirmed

    James Lewey was hurt in a crash caused by Larry Farmer’s undisputed negligence and presented $83,231.97 in medical bills. The defense was allowed to ask about his earlier low back injury and treatment, and the jury awarded $15,000. The court rejected his arguments for a new trial or a higher award and affirmed.

★ MO · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Missouri.

  1. 1

    A judge’s cut to a verdict can be reversed on appeal. Wiley’s full $400,000 was restored.

  2. 2

    If you drop your claim for medical bills, the defense may not use those bills to argue your damages are small, as Schieffer shows.

  3. 3

    Earlier back problems invite a low verdict. Lewey’s prior low back injury came in and the award stayed at $15,000.

★ MO · statute of limitations
5 years for personal injury; 2 years for medical malpractice

Mo. Rev. Stat. § 516.120, § 516.105

★ MO · fault rule
Pure comparative negligence

Pure comparative negligence, Gustafson v. Benda (1983) abolished the contributory bar.

★ MO · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Missouri.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Missouri's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Missouri · you are herePure comparative negligence5 years for personal injury; 2 years for medical malpractice—
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · back & spine →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · back & spine →
OhioModified comparative, 51% bar2 years from date of injuryOH · back & spine →
South DakotaSlight versus gross negligence3 years from date of injurySD · back & spine →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · back & spine →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · back & spine →
New MexicoPure comparative negligence3 years from date of injuryNM · back & spine →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · back & spine →
Rhode IslandPure comparative negligence3 years from date of injuryRI · back & spine →
WashingtonPure comparative negligence3 years from date of injuryWA · back & spine →
MontanaModified comparative, 51% bar3 years from date of injuryMT · back & spine →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · back & spine →
★ MO · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Missouri. See /methodology, /sources, and /disclaimer.