States With Caps on Pain & Suffering Damages

By the FigureMyTax Editorial Team · How we calculate

Missouri is mostly an uncapped state: the noneconomic cap applies to health care providers, and punitive and government claims have their own limits.

No general cap

Missouri does not cap noneconomic damages across the board. In an ordinary injury case, such as a car crash or a fall, the jury decides pain and suffering without a statutory ceiling.

The malpractice cap

Under RSMo 538.210, in an action against a health care provider no plaintiff may recover more than $400,000 in noneconomic damages, or $700,000 for a catastrophic injury, regardless of the number of defendants. Both amounts rise 1.7% every January, reaching about $481,494 and $842,614 in 2026. Economic damages are not capped, and the limit is applied by the court after the jury decides.

A cap with a history

Missouri has twice changed its approach. The state Supreme Court held an earlier version unconstitutional in medical negligence cases, the legislature then made malpractice a statutory cause of action with the current caps, and the Supreme Court upheld those caps in 2021 in Velazquez v. University Physician Associates.

Punitive damages

Punitive damages are limited to the greater of $500,000 or five times the compensatory damages under RSMo 510.265.

Public entities

Missouri waives sovereign immunity only in limited cases. Under RSMo 537.610, recovery is capped at $300,000 per person and $2,000,000 per occurrence, indexed to inflation each January, and no punitive damages are allowed. The per-person figure was $505,520 in 2024.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Missouri's rules apply to your specific case with a licensed Missouri attorney.