An accident can leave you with a lot of expenses. From medical bills to lost wages, your finances can quickly feel the pinch. But what about the consequences you can’t put a price tag on?
At Pacific West Injury Law, we help our clients pursue settlements that compensate them for all that they’ve been through. That includes everything from doctor bills to the psychological and emotional toll an injury takes on you and your family. Learn who qualifies for a pain and suffering settlement, and the methods we use to calculate this compensation.
Pain and Suffering Eligibility in Nevada
How do you know if you qualify for pain and suffering? If another party’s negligence caused your personal injury, the law may entitle you to a settlement. You may be able to file a personal injury claim if you were injured during a:
- Motor vehicle crash
- Pedestrian or bicyclist accident
- Dog bite or attack
- According to the American Veterinary Medical Association (AVMA), insurance companies paid out $881 million in dog-related claims in a recent year.
- Slip and fall accident
A settlement would compensate you for your pain and suffering, as well as any other damages you incurred.
Damages in a Personal Injury Lawsuit
In a personal injury case, damages are the losses you incurred due to your injury.
- Economic damages are also called “special damages.” These have a set cost associated with them, such as doctor bills, car repairs, and a hospital stay.
- Non-economic damages are also called “general damages.” These are the subjective consequences of your injury, including pain and suffering.
How Pain and Suffering Is Calculated in Nevada
For incidents such as motor vehicle crashes, slip and falls, and dog bite injuries, Nevada does not place a cap on pain and suffering awards. These amounts are negotiable, and we fight hard to maximize your payout.
Pursuant to NRS §41A.035, the state does place a $350,000 cap on noneconomic damages in medical malpractice cases. There are different ways to calculate pain and suffering in Nevada. Two common methods are the multiplier method and the per diem (per day) method.
The Multiplier Method
In this method, your economic damages are multiplied by a number, typically any number from 1.5 to 5. The total amount is your final settlement.
- For example, you have $10,000 in economic damages such as doctor bills and damage to your car.
- A fair assessment of your pain and suffering is a multiplier of 3.
- $10,000 x 3 = a $30,000 settlement
This method assigns a higher number to injuries that are catastrophic and/or require a long recovery time.
The Per Diem Method
The per diem method assigns a daily amount to your pain and suffering. This method tends to not work well for longer recovery times and permanent disability.
3 Reasons You Need a Lawyer to Collect Pain and Suffering in Nevada
There are several benefits to hiring a personal injury attorney to represent you.
The Insurance Company May Devalue Your Pain and Suffering
There is no standard payout for noneconomic damages, so the insurance company will likely push for a reduced amount. It’s difficult for the average individual to negotiate with an insurance company. Keep in mind that insurance companies have well-staffed legal teams.
You Can Focus on Your Recovery
The last thing you need right now is to deal with pushy insurance adjusters. We take over all of the legal aspects of your case. All you need to do is attend your medical appointments, and focus on your health and well-being.
We’ll keep you apprised of your case’s status. You can always call us if you have questions.
We Work on a Contingency Fee Basis
Many accident victims want to file a pain and suffering claim, but worry about how much an attorney will cost. At Pacific West Injury Law, we represent our clients on a contingency fee basis. We collect our fees after we secure a settlement for you.
At your free consultation, we can further discuss our fees, as well as any other expenses that may arise during your case.
Pain and Suffering: A Word of Caution about Social Media
Facebook, Instagram, and other social media apps are no place to discuss your accident. Any photos or videos you upload are fair game for the insurance company. For example, the insurance company could use a photo of you at a social event to bolster their claim that you aren’t really that injured.
Proof of Pain and Suffering in Nevada
Many accident victims wonder, “Can you get pain and suffering without going to the doctor?” The short answer is, “No, you cannot.”
You need medical documentation to back up your injuries. Otherwise, there is no proof of your injuries. In addition to medical records, we can help you build a strong case through other types of testimony and evidence.
Testimony from Family and Friends
Those closest to you can share their observations. How do your injuries limit you? Have you missed out on work or social functions because of your pain or disability?
Testimony from Your Boss and Coworkers
If you’ve returned to work, your boss and coworkers can provide insight into your recovery. How does your injury affect your productivity? Have you had unplanned absences due to your injury?
Many accident victims find it helpful to seek counseling. While therapy is not a requirement for a pain and suffering settlement, it may help strengthen your case. Your counselor or therapist can testify about how your injury impacts you and what your struggles are.
The Average Pain and Suffering Settlement
The first thing most potential clients ask about is the average pain and suffering settlement in Nevada. There is no such thing as a “standard” or “average” payout.
Your pain and suffering is unique to you, your life, and your injuries. Adequate pain and suffering compensation accounts for:
- The severity of your injuries
- The length of your recovery time
- Any permanent disability, disfigurement, or scarring
- How much your injury limits your life
We’ll pursue a settlement that reflects the true impact of your injury. We won’t be sidetracked by insurance companies that only have their best interests in mind.
Get Answers about Pain and Suffering in Nevada
We offer free, no-obligation case reviews. You can get the answers you need, then decide how you want to proceed. To learn how much pain and suffering you may qualify for, contact Pacific West Injury Law today.