Understanding Pain & Suffering After a Car Accident

Maximizing Compensation with a Nevada Personal Injury Lawyer After an Auto Accident

Being involved in a car accident in Nevada can be traumatizing and sometimes life-altering. What happens to you is often not your fault and you should be compensated not only for property damages but also pain and suffering. By hiring a licensed Nevada personal injury attorney, you can get the best possible outcome.

Read below to learn more about pain and suffering after a car accident.

What is Pain & Suffering?

Pain and suffering is the term used to describe the physical pain and agony associated with an injury. It includes any effect like physical discomfort, aches, and affliction, among others.

Damages from a car accident are grouped into two groups: economic and non-economic. Economic damages include expenses and medical costs. Medical bills have defined costs that are easy for insurance companies and jurors to understand. Non-economic costs are more difficult to explain and often include intangible objects; an example of this is mental trauma.

An important aspect of assessing pain and suffering is viewing how one’s standard of life has changed as a result of the accident, including identifying depression or anxiety that has developed as a result of the accident.

For example, the most common stress disorder developed by accident victims is Post Traumatic Stress Disorder (PTSD). This disorder causes a patient to undergo bouts of panic attacks and often requires medication and counseling.

Assessing and further understanding of “pain and suffering” is best done by a Las Vegas personal injury attorney in conjunction with specialized medical experts who can help sort through and identify the long-term damages the accident may have caused.

What Can Be Considered Pain and Suffering?

There are many examples of pain and suffering, especially those related to motor vehicle accidents.

To give you a better idea, imagine you’re hurt in a park when someone transporting a heavy box acts carelessly and drops the heavy box on your foot. Naturally, your foot will hurt a lot, and you might not be able to function as usual.

Now, let’s add another layer to the example, and imagine you’re a ballet dancer. That damage to the foot might be life-changing as it could affect your next dance demonstration.

You might develop depression, and depending on the severity of the damage, you may never dance again.

Your pain, depression, and lack of sleep fall into the category of pain and suffering.

Common Injuries Due to Motor Vehicle Accidents

Now let’s focus on the most common pain and suffering cases: those regarding motor vehicle accidents.

Being involved in a motor vehicle accident can cause serious injuries that can result in a lifetime of pain and expenses, hence the importance of finding the right Las Vegas car accident lawyer.

Here are a few examples of common injuries due to motor vehicle accidents:

• Traumatic brain injury (TBI): The Centers for Disease Control (CDC) defines a brain injury as a bump, blow, or jolt to the head that disrupts normal brain function. A severe TBI can require one to be placed in a qualified medical facility, such as a nursing home. The need for 24-hour care is costly. Most nursing homes cost an average of $9,000 a month.
• Spinal Cord Injury: This type of injury can paralyze victims, requiring the use of a power chair and home modifications. The costs associated with a spinal cord injury can reach millions of dollars throughout the patient’s lifetime. It can also cause chronic pain and sometimes includes the prolonged use of strong pain medication.
• Broken bones: The chance of breaking more than one in a serious accident is very real. The type of break can greatly impact the recovery time. A severely broken bone can require multiple surgeries, and extensive physical therapy, cause chronic pain, and force you to miss time at work.
• Internal injuries: Internal injuries are very dangerous due to the lack of obvious symptoms soon after the accident. Your injury lawyer might be quite strict regarding your case if you have suffered internal injuries as these injuries are very painful and can have long-term impacts on one’s quality of life. These injuries can be chronic and take a toll on your mental health, making it difficult to go to work or live your day-to-day life to the fullest. Getting financial compensation can ensure you have the support you need, even if your life cannot return to normal.

Is It Possible To Calculate Pain & Suffering?

Yes, it’s possible to calculate pain and suffering, although it requires careful analysis.

Valuing pain and suffering in injury cases usually involves methods that go beyond the complex software programs insurance companies use.

There are two popular methods used to calculate pain and suffering: Multiplier and Per Diem method.

Multiplier Method

With the Multiplier Method, economic damages like medical bills are multiplied to estimate pain and suffering. For example, $10,000 in economic damages with a multiplier of two suggests $20,000 for pain and suffering, plus the original $10,000. Multipliers typically range from 1.5 to 5, depending on the injury’s severity.

Per Diem Method

Another method is the Per Diem approach, assigning a daily value to pain and suffering. If one’s daily pain is valued at $100 and the recovery period is 180 days, the pain and suffering compensation would be $18,000.

Remember that a Nevada car accident attorney is usually the best option to understand pain and suffering, so you don’t necessarily need to know how to calculate these cases if you don’t understand them. It’s always best to hire the experts.

What To Do If Both Methods Fail?

In some situations, the multiplier and per diem methods can’t assess the value of pain and suffering accurately. This is particularly true when an injury doesn’t demand extensive treatment but results in lasting damage.

For example, injuries like small burns or scarring may not incur significant medical expenses. However, the enduring effects of these injuries can last a lifetime. In these cases, relying solely on the multiplier and per diem methods may not adequately reflect the situation, so you might need other valuation methods.

Nevada Law Leaves Pain & Suffering Calculations to the Jury

In Nevada, juries don’t have specific guidelines to calculate pain and suffering. Instead, they’re typically instructed to award compensation fairly for current and future physical and mental pain.

This instruction doesn’t provide jurors with a clear method for determining what’s fair and reasonable. As a result, jurors may have varying opinions on how to assess the value of pain. That’s why your attorney must help guide the jury in evaluating your damages.

Proving Pain & Suffering to the Jury

You might need to describe and illustrate how your injuries have impacted your daily life and routines to prove pain and suffering to the jury. You can present photos of your injuries or explain how these injuries have altered your lifestyle, such as preventing you from enjoying certain activities or hobbies.

It’s also important that friends and family testify about your condition before the injury can provide valuable insight. Additionally, a doctor’s testimony can be influential too.

The jury will seek clear and consistent evidence of your physical suffering due to the personal injury. Therefore, you and your attorney must devise an effective strategy to communicate the extent of your pain and suffering to the jury.

What is Assumption of Risk?

Assumption of risk is a legal defense used by defendants to potentially avoid being held negligent for the injuries, pain, and suffering of the plaintiff. To employ this defense successfully, the defendant must prove, with a preponderance of evidence, that the plaintiff was fully aware of the potential risks of injury.

This can be demonstrated by showcasing that the plaintiff voluntarily accepted the risks of injury or had actual knowledge of them. The goal of an assumption of risk defense is to convince the jury that the plaintiff was aware of these risks. If successful, the defendant is not deemed negligent and thus is not obligated to compensate the plaintiff.

Comparative Negligence & Assumption of Risk

The principle of comparative negligence appears when a plaintiff shares some responsibility for the accident causing their injuries. In Nevada, the law allows plaintiffs to pursue compensation for their injuries as long as their fault doesn’t exceed 49%.

Sometimes, a plaintiff might have been aware of certain risks but unaware of the specific dangers leading to their injuries. In those cases, comparative negligence may be applied to the lawsuit, potentially reducing the compensation the plaintiff receives.

Benefits of an Injury Attorney

Many may consider taking the settlement the insurance company offers rather than hiring an injury attorney to assess the situation. However, insurance companies are in the business of minimizing claims and often do not completely understand the extent of your true pain and suffering.

The amount they offer is most likely not enough to cover your future care or to fairly compensate you for your suffering.

An injury lawyer can help evaluate your case for free and direct you to the best specialized medical care to help make you whole again. If you do decide to employ an injury attorney, they will represent your best interests from start to finish, including negotiations with the insurance company and ensuring all avenues of rightful compensation are pursued.

Insurance companies try a variety of tactics to delay, deny, or underpay accident victims what they deserve. Injury lawyers are well aware of this, and they negotiate and ensure you get the compensation you deserve.

Your traumatic incident leaves you in the wrong mental state to deal with compensation, insurance companies, time off from work, and medical care by yourself. If an insurance company contacts you directly, don’t discuss the merits of the accident, but refer them to your lawyer.

Their pressuring tactics to get you to accept less than you deserve only add to your stress and confusion about the situation. Trying to negotiate with them on your own can leave you without the funds you need for your medical care or future needs. An injury attorney will sort through the details of the settlement and deal with the insurance companies so you can take the time to heal and get your life back in order.

Reach Out to Our Nevada Car Accident Injury Attorneys Today

Have you experienced pain and suffering due to a car accident in Nevada? It’s crucial to have a proficient Nevada car accident law firm by your side. Benson & Bingham Accident Injury Lawyers, LLC, possesses the expertise and resources needed to navigate the complexities of car accident injury claims. We’re committed to assessing your situation, advocating for your rights, and ensuring you receive the compensation you deserve for your pain and suffering.

Don’t navigate this challenging time alone. Contact us today for your complimentary case evaluation. Let us help you on your path to recovery and justice.

 

Frequently Asked Questions

1. How do I calculate the specific value of my pain and suffering in Nevada?

Calculating non-economic damages isn’t as simple as adding up receipts. Because Nevada law doesn’t provide a strict formula, attorneys often use two primary frameworks to estimate what a jury might award you: the Multiplier Method or the Per Diem Method.

In the Multiplier Method, your economic damages (like medical bills and lost wages) are multiplied by a number typically between 1.5 and 5, depending on the severity of your injury. Alternatively, the Per Diem (daily) method assigns a specific dollar value to every day you suffer until you reach maximum recovery. However, you need to know that these are just negotiation tools. Ultimately, a jury decides what is “fair and reasonable” based on the evidence you present.

• Relevant Law: Nevada Pattern Civil Jury Instructions (Juries are instructed to use their judgment for “just” compensation).

2. Is there a cap on how much I can receive for pain and suffering in a Nevada car accident settlement?

For most standard car accident cases in Nevada, the answer is no. Unlike medical malpractice claims, which have strict caps on non-economic damages, Nevada does not place a statutory limit on pain and suffering compensation for general personal injury lawsuits. This means if your accident caused catastrophic life changes, you are entitled to seek the full value of that harm, no matter how high the figure is.

However, there are exceptions. If your accident involved a government vehicle or employee acting within the scope of their job, damages are generally capped at $200,000 under the state’s tort claims act.

3. Can I still claim pain and suffering if I was partially at fault for the accident?

Yes, but there is a strict limit. Nevada follows a comparative negligence rule. You can recover damages—including pain and suffering—as long as you were not more at fault than the other party (meaning your fault is 50% or less).

If you are found to be even 51% responsible, you are barred from recovering a single dime. Furthermore, your total settlement will be reduced by your percentage of fault. For example, if a jury awards you $100,000 but decides you were 30% to blame for the crash, you will only receive $70,000.

• Relevant Law: NRS 41.141 (When comparative negligence renders a person’s negligence not a bar to recovery).

4. What concrete evidence do I need to prove “intangible” pain and suffering?

Since you cannot produce a receipt for anxiety or chronic pain, you must build a compelling narrative using different types of evidence. Proving pain and suffering requires more than just your word; photos of your injuries and the recovery process are crucial, but you should also keep a daily pain journal. Documenting specific examples of what you can no longer do—like picking up your children, sleeping through the night, or participating in hobbies—is powerful evidence for insurance adjusters and juries.

Additionally, witness testimony from friends, family, and coworkers can validate how the accident changed your personality and daily life. You need to show, not just tell, how the accident altered your reality.

5. How long do I have to file a lawsuit for pain and suffering in Nevada?

You have a limited window to take legal action. In Nevada, the statute of limitations for personal injury claims is two years from the date of the accident. If you attempt to file a lawsuit after this two-year period expires, the court will almost certainly dismiss your case, and you will lose your right to any compensation for your medical bills or pain and suffering.

While two years may sound like a long time, building a case, gathering medical records, and hiring an injury attorney to negotiate with insurance companies takes months. You should speak with a professional as soon as possible to preserve evidence before it disappears.