Due to COVID-19, we ask that all visitors to our office wear face masks and socially distance themselves, including during consultations. We are also available via video chat, phone, or email.

The Trusted Law Firm of Northern Nevada
Stethoscope and medical form

When Can a Victim Obtain Pain and Suffering Damages?

If you have suffered a serious injury due to another person’s negligence, you have likely felt pain in a myriad of ways. To name just a few, you have lived the physical pain of your injuries, the emotional pain of your trauma, and the financial pain of lost wages and medical bills.

Types of Personal Injury Damages

Nevada law allows people to seek monetary damages against people and companies who have seriously injured them by negligence or recklessness. While there are numerous recognized forms of damages, they can generally be broken into three distinct categories: “economic” damages, “non-economic” damages, and “punitive” damages.

Economic damages are relatively straightforward and quantifiable; as they weigh the economic impact the injury has had on a person, such as lost wages and medical expenses. In contrast, non-economic damages are not tied to out-of-pocket expenses or monetary losses but are meant to compensate a victim for the many other negative impacts that come with a serious injury.

Damages for Pain and Suffering

“Pain” and “suffering” are two types of non-economic damages that are generally considered together, and which provide compensation for the physical and emotional impacts of the responsible party’s negligent or reckless acts. A victim who brings a personal injury lawsuit has the burden to convince a jury that they are entitled to damages for the physical or emotional pain and suffering they have experienced.

Since every victim’s injury and circumstances are different, pain and suffering damages are a subjective issue that requires a victim to provide evidence that clearly articulates the impacts that the responsible party’s conduct has had on them. When it comes to damages for pain and suffering, our attorneys are adept at presenting witnesses and records in a manner that juries can clearly understand. Further, we partner with well-regarded medical experts and mental health professionals to prove that you are deserving of maximum compensation.

Calculating Damages for Pain and Suffering

While juries have wide latitude when awarding damages for pain and suffering, a general rule is that the more severe the physical or emotional impairments, the higher the damages. As many personal injury claims end in a settlement, it is worth noting that insurance companies use two methods of estimating what pain and suffering claims are worth. The first multiplies the economic damages by a factor of 1-5 based on the degree of the victim’s impairment. The second method sets a “per diem” and multiplies a daily rate by the number of days a victim suffered.

Contact Personal Injury Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.

At Viloria, Oliphant, Oster & Aman, L.L.P., our personal injury attorneys have successfully obtained millions of dollars in damages on behalf of our clients. We have done so by working closely with our clients, by partnering with experts, and by utilizing our years of experience to understand the strengths of our clients’ claims. You deserve an attorney who will fight for your rights and pursue maximum compensation for your personal injury claim. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a free case consultation or contact our office through our website.