If you were harmed in an accident in Nevada, you may be entitled to monetary compensation for pain and suffering experienced as a result of the accident. Pain and suffering refers to the emotional and physical distress suffered because of injuries resulting from an accident. Medical expenses, loss of income, and property damages can be easily valued; putting a dollar amount on pain and suffering, on the other hand, can be much more complicated.
What is 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; and
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 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; and
- 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.
How Pain and Suffering is Calculated
Notably, insurance companies do not have a specific criteria they are required to follow when it comes to calculating an injured victim’s pain and suffering in Nevada. Even more, there is no exact standard that is 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.
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.
Consult Our Attorneys
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.