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Missouri · head & brain

Head & brain settlements
in Missouri.

By 6 min read

Missouri applies pure comparative negligence with one of the longer US PI limitation windows (five years generally) and an inflation-indexed cap on medical-malpractice non-economic damages. For head & brain claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Missouri's pure comparative negligence and any applicable statutory cap.

Missouri applies pure comparative negligence, which means a head & brain claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in head & brain settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

Head injury and traumatic brain injury claims sit at the upper end of the US band and are most affected by statutory caps. Missouri's caps (non-economic damages cap (med-mal)) can compress catastrophic head & brain verdicts even where the underlying damages — future care, lost earning capacity, life-care plan costs — clearly justify the higher figure.

band · US federal frame
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

The US band is the starting point. Missouri's fault rule and any applicable cap then adjust the figure.

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 head & brain settlement in Missouri.

head & brain severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Missouri courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Concussion / mild TBI$25,000 – $100,000Reported decisions
Severe traumatic brain injury$500,000 – multi-millionCatastrophic-case reported decisions
head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain
North DakotaModified comparative — 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain
OhioModified comparative — 51% bar2 years from date of injuryOH · head & brain
South DakotaPure comparative negligence3 years from date of injurySD · head & brain
WisconsinModified comparative — 51% bar3 years from date of injuryWI · head & brain
IllinoisModified comparative — 51% bar2 years from date of injuryIL · head & brain
New MexicoPure comparative negligence3 years from date of injuryNM · head & brain
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · head & brain
Rhode IslandPure comparative negligence3 years from date of injuryRI · head & brain
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain
MontanaModified comparative — 51% bar3 years from date of injuryMT · head & brain
NevadaModified comparative — 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain
MO · head & brain · frequently asked

Common questions.

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

editorial note

Figures on this page are starting points: the US band adjusted for Missouri's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Missouri. See /methodology, /sources, and /disclaimer.