How pain and suffering damages are calculated in Nevada depends on the details of your case, but usually involves the specific physical and psychological harm suffered, the supporting evidence, and different multiplier methods.
Because pain and suffering is intangible, a Las Vegas personal injury lawyer calculates these damages on a case-by-case basis.
Types of Losses Included in Pain and Suffering
When it comes to the law, the term “pain and suffering” refers to a broad spectrum of emotional and/or psychological harm resulting from a personal injury, including:
- Physical impairment
- Physical pain
- Mental anguish
- Agony or suffering
- Physical discomfort
- Scarring or disfigurement
- Permanent restrictions on activities
- Inconvenience
Pain and suffering damages are calculated in Nevada first based on what you experienced and what you will experience in the future. From there, the next step is to demonstrate how pain and suffering applies to your situation.
A Las Vegas car accident lawyer can answer your questions.
Establishing Pain and Suffering Damages
Proving pain and suffering requires extensive documentation and as much objective and/or neutral evidence as possible to help prove what an accident victim is experiencing. Examples of evidence that could establish pain and suffering damages in Nevada include:
- Expert testimony (NRS Chapter 50 – Witnesses) by a mental health expert about a victim’s state of mind
- A treating doctor’s written opinion about the nature and extent of a victim’s pain
- Records and history of the pain medications prescribed
- Medical imaging testing showing broken bones, soft-tissue injuries, or other objective signs of harm
- Testimony from family or friends regarding an injured victim’s pain and suffering and the limitations faced as a result of the injuries
- A daily pain journal in which an injured victim documents symptoms
The above are just a few examples of how an attorney can establish a personal injury victim’s pain and suffering to seek the best monetary compensation available.
Calculating Pain and Suffering Damages
Notably, insurance companies do not have a specific criterion they are required to follow when calculating an injured victim’s pain and suffering in Nevada. There is also no exact standard recognized by the state for measuring non-economic damages such as pain and suffering, among others.
For this reason, these monetary damages are determined on a case-by-case basis when it comes to Nevada personal injury cases. Under state law, juries are required to use “calm and reasonable” judgment when determining a pain and suffering damage award to a personal injury victim.
Every situation is different, but there are two main methods used under Nevada law: the multiplier method and the per diem method. The following are breakdowns of how each method may work in your case.
Use the Multiplier Method
The multiplier method is one of the most common methods for calculating pain and suffering damages in Nevada. It involves attorneys and insurance companies considering your economic losses as a factor in determining what your non-economic damages are.
Under this method, a multiplier between 1.5 and 5 is used, based on the severity of your injuries. A more serious injury, such as a catastrophic injury, typically has a higher multiplier (such as 4 or 5). An accident with a lesser level of pain and suffering has a lower factor.
This factor is then multiplied by the value of your economic damages. This figure is then included in your recovery of damages. For example, if your economic damages, such as medical bills, lost wages, and property damage, were valued at $20,000 and the court determines the severity of your injuries is a 3, you would receive $60,000 in pain and suffering damages.
Use the Per Diem Method
The per diem method applies a specific value to each day you suffer. A dollar value is determined for each day you suffer as a result of the accident, and that figure is applied to each day you are not “whole” or continue to suffer.
This method counts the days between the date of the injury and your maximum medical recovery. The daily rate set is dependent on your injuries and the complexity of your recovery. It is often benchmarked on your daily wage or earnings or a standard flat fee.
In this example, the insurance company, attorneys, or court may determine you have a daily rate of $100. You are unable to work and continue to suffer for 200 days. In this situation, your pain and suffering claim would equate to $20,000.
Factors Impacting Pain and Suffering Damages
Typically, an injury victim’s pain and suffering damages are determined by considering multiple factors including:
- The severity of the victim’s injuries
- The nature of the victim’s injuries
- The time frame expected to heal from the injuries
- The type of medical treatment needed for the injuries
- The pain and discomfort experienced with the type of injuries
- How the injuries affect the victim’s job, hobbies, and life enjoyment
- Whether the victim will require future medical care, surgeries, rehabilitation, or medication
There are a variety of methods by which an insurance adjuster may calculate pain and suffering damages, including the multiplier method, per diem method, or medical specialist daily rate method.
Negotiations Matter Too
When it comes to determining the value of your claim, you have to think about the negotiations involved and who is doing them for you.
The experience and knowledge of your personal injury attorney in Nevada, along with factors such as that attorney’s network of resources and expert witnesses, play a role in how well you can prove your injuries and losses. Many factors impact your ability to prove losses, including the skill of your attorney.
Consult the Personal Injury Attorneys at H&P Law
If you were injured in an accident in Nevada, it is critical to work with a licensed and experienced personal injury lawyer who can help pursue the maximum monetary compensation for your harm, including pain and suffering damages.
The Las Vegas personal injury lawyers at H&P Law will fight for you. Contact us today.
