Pain and Suffering Claims in Las Vegas

July 26, 2024 Personal Injury

Unexpected accidents can leave victims with not only physical injuries but also emotional scars that may last a lifetime. When you’ve been hurt due to someone else’s negligence, your Las Vegas personal injury attorney will seek compensation for your losses, including the pain and suffering you’ve endured.

Examples of Pain and Suffering After an Accident

Pain and suffering is a legal term that encompasses the physical discomfort and emotional distress caused by an injury. Physical pain and suffering refers to the bodily discomfort and limitations caused by an injury. This can include chronic pain, disfigurement, nerve damage, permanent disability, and other physical symptoms that affect your daily life.

On the other hand, emotional pain and suffering involves the mental anguish and psychological distress that often accompany a traumatic event. Anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional challenges can significantly impact your well-being and relationships. An unexpected accident may also affect your relationships and overall quality of life. 

Calculating Pain and Suffering Damages in Las Vegas

In Las Vegas, pain and suffering damages are typically calculated using one of two methods: the multiplier method or the per diem method.

• The multiplier method involves multiplying the total economic damages, such as medical expenses and lost wages, by a number between 1.5 and 5. This multiplier will depend on the severity of the injuries. For example, if your economic damages are $50,000 and a multiplier of 3 is used, your pain and suffering damages would be $150,000.
• The per diem method assigns a daily rate for pain and suffering, which is then multiplied by the number of days you’ve experienced discomfort. For instance, if a daily rate of $200 is used and you’ve suffered for 100 days, your pain and suffering damages would be $20,000.

In Nevada, there is no cap or limit on pain and suffering damages, except for medical malpractice claims. In these situations, a $350,000 limit is imposed under NRS §41A.035.

Evidence Used to Prove Pain and Suffering Claims

Pain and suffering can be challenging to prove. Unlike medical expenses or property damage, there are no receipts or invoices that you can use to demonstrate your losses. However, other pieces of compelling evidence can prove the extent of your physical and emotional distress. 

These may include:

• Medical Records: Your medical records, including diagnoses, treatment plans, and doctor’s notes, can provide objective proof of your physical injuries and the associated pain. Psychiatric records can also document the emotional distress and mental health challenges you’ve faced due to the accident.
• Expert Testimony: Testimony from medical experts, mental health professionals, and other specialists can help establish the severity and long-term impact of your injuries.
• Personal Journals: Keeping a daily journal documenting your pain levels, emotional struggles, and how your injuries have affected your life can help demonstrate the impact of the injury on your well-being.
• Witness Statements: Statements from family members, friends, and colleagues who have witnessed your challenges can corroborate your claims and provide insight into how the accident has changed your life.

Build Your Case with a Nevada Personal Injury Attorney Today

When you are pursuing a claim for pain and suffering, you need an attorney on your side. A Las Vegas personal injury lawyer can help you calculate and prove your right to pain and suffering damages, as well as other losses that you may have sustained. Contact an accident attorney as soon as possible and begin your journey to justice.