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Pain and Suffering

Helping Injury Victims Recover More than Just Money for Bills

When you’re hurt, lost wages and medical expenses can add up quickly, but recovering full compensation after an injury means getting paid for the pain and suffering you’ve gone through as well. Don’t settle for an offer to cover only your economic damages after an accident. Call our office and let us help you make the most of your recovery.

Over the years, we’ve helped injured people in Nevada recover substantial amounts of money to pay for emotional trauma, ongoing pain, loss of companionship, loss of enjoyment of life, and other non- economic damages that are difficult to quantify in monetary terms. We can help you determine the amount of pain and suffering compensation you should pursue.

Are You Entitled to Money for Pain and Suffering in Nevada?

In Nevada, people who experience physical and emotional pain after an injury are entitled to money for pain and suffering damages. Nevada law, however, does not include many specifics when it comes to calculating compensation for non-economic damages like pain and suffering. There are no set guidelines on how monetary amounts for these damages should be calculated, and there are no caps except in cases of medical malpractice and against government entities. The only stipulation in Nevada is that the damages must be fair and reasonable.

Proving Pain and Suffering

No physical injury is required for a person to recover pain and suffering damages. While evidence of physical injuries will typically make it easier to recover money for subjective damages, you can still receive compensation when you only suffer from emotional injuries.

Since non-economic damages are subjective, they are a bit more complicated to prove than damages that come with a bill. Once we’ve established the amount of non-pecuniary damages you should pursue, our team will need to convince the jury (or the insurance company) that they should be awarded. We’ll do this by procuring and providing:

  • Medical records. X-rays and MRIs are very effective for demonstrating why pain and suffering might occur. Comprehensive treatment notes that highlight your symptoms can be very helpful as well. We can help guide your physician so he or she knows what type of documentation is needed to establish pain and suffering.
  • Photos and Videos. It can be helpful to show the jury or insurance adjuster how much you have to struggle with things like walking, bending, or completing tasks for daily living. Videotaped sessions of your rehabilitation often serve as very compelling evidence when proving pain and suffering.
  • Testimony of Those Who Are Close to You. Having a group of people who are willing to testify on your behalf can go a long way with jurors. When people illustrate how your life has changed since your injuries, insurance companies may be more motivated to increase your settlement offer.

Putting a Dollar Amount on Your Pain

Many insurance companies use a complicated software program to help them determine how much to offer in a settlement. These amounts are not set in stone, however, and pain and suffering damage offers are negotiable. There are other standard methods you can use to help determine a fair amount to pursue.

Multiplier Method
The multiplier method is based on the economic damages you suffered. In most cases, the parties multiply your economic damages by a number between 1 and 3. (The most severe, long term or permanent injuries would use a multiplier of 3). This amount may be increased if the parties decide to proceed to trial and obtain a judgment or settlement in court.

For example, let’s say you suffered $20,000.00 in economic damages and your injuries are moderately severe and long lasting. You might agree to use a multiplier of 3 to approximate your pain and suffering damages. If the insurer agrees, you would receive $20,000.00 x 3= $60,000.00 for pain and suffering.

Per Diem Method
To use the per diem method, you would ask for a specific dollar amount for each day you endure pain and suffering. That amount would then be multiplied by the number of days spent in pain. Many people consider their daily wages to help decide on a dollar amount to use.

As an example, let’s say you decided to ask for $100.00 per day and you suffered in pain for 300 days. You would multiply $100.00 x 300.00 and if the insurance company agrees, you would receive $30,000.00 in pain and suffering compensation.