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.
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.
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:
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.
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.