If you get hurt in an accident in Nevada and someone else is to blame, you may be eligible for financial compensation to make you whole again. You may be entitled to a settlement or judgment award that covers all of your economic damages or financial losses, as well as an amount for your non-economic damages. Non-economic damages are also known as “pain and suffering.”
What Does “Pain and Suffering” Mean in a Personal Injury Lawsuit?
Compensatory damages in a Nevada personal injury lawsuit are divided into economic (specific) and non-economic (general) damages. The non-economic category is sometimes referred to by the umbrella term “pain and suffering.” It encompasses all the intangible, personal or invisible ways an accident or injury has impacted the victim’s life and well-being. Losses often listed in a pain and suffering claim include:
- Physical pain
- Emotional suffering or distress
- Mental anguish
- Psychological harm or trauma
- Depression or chronic anxiety
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Diminished quality of life
- Insomnia (trouble sleeping)
- Permanent disfigurement or disability
- Loss of independence
- Inconvenience
- Loss of consortium (for family members)
- Grief or mourning
Any negative change to your daily life or mental health status as an outcome of an accident in Nevada could qualify you for pain and suffering damages. A personal injury attorney in Las Vegas can help you create a comprehensive list of non-economic damages to claim in your particular case.
How to Prove Pain and Suffering
If you file a personal injury claim in Nevada, you will become known as the plaintiff. It is the plaintiff’s responsibility in any personal injury cause of action to meet the burden of proof, which requires the victim to prove the claim being made is more likely to be true than not true. It can be difficult to prove pain and suffering, as these losses are intangible and do not always have specific monetary values. It can help your case to visit a mental health professional regarding any challenges you are facing because of your accident and injury. This can provide medical documentation of your pain and suffering. You should also keep an injury diary where you describe in detail how you are feeling day by day. If you hire a personal injury attorney, he or she can help you prove pain and suffering, such as by hiring medical experts or life-care planners.
How Are Non-Economic Damages Calculated?
To award a fair amount in pain and suffering damages, a jury may utilize one of two traditional calculation methods (although neither is required):
- The multiplier method multiplies your total amount of economic damages by a number from 1.5 to 5 that reflects the degree of your pain and suffering, with 5 being the most severe.
- The per diem method assigns a daily amount in pain and suffering and multiplies it by the number of days you are anticipated to have these feelings. This is often based on the gravity of your injuries and your date of maximum medical improvement (as estimated by a physician).
In general, the amount awarded in pain and suffering damages in a personal injury claim in Nevada will correlate with the severity of the injuries. Therefore, severe, catastrophic or permanent injuries will generally result in greater non-economic damage awards. For help calculating, seeking or proving a pain and suffering damage claim in Las Vegas, contact Koch & Brim, LLP for a free case review with a knowledgeable personal injury lawyer. We are passionate about delivering justice to those with serious injuries.