MO
Head & brain settlements
in Missouri.
Two Missouri cases show the range. A family whose premature son developed a white matter brain injury lost at trial after the defense offered other causes. Patrons injured and killed when a bar’s large tent broke free in a thunderstorm near Busch Stadium kept their verdicts.
Facts that decide a head & brain claim in Missouri
| Malpractice cap | Noneconomic damages against health care providers: $400,000, or $700,000 for a catastrophic injury or death, with each limit increased by 1.7 percent every 1 January.Mo. Rev. Stat. § 538.210 |
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| Deadline against health care providers | Claims against physicians, hospitals, chiropractors, physical therapists and other providers must be brought within two years from the date of the act of neglect, with limited exceptions.Mo. Rev. Stat. § 516.105 |
| Fault rule | Pure comparative fault: once the jury finds the defendant negligent, your own conduct reduces the award but cannot bar the claim entirely.Gustafson v. Benda, as quoted in Payne v. Fiesta Corp. (Mo. Ct. App. 2018) |