In the realm of personal injury law, the term 'pain and suffering' encompasses a broad spectrum of experiences that an individual may endure as a result of an injury. This not only includes the physical discomfort and agony one might face but also the emotional distress that can arise from the incident. Physical pain can be acute or chronic, while emotional distress may include anxiety, depression, loss of enjoyment of life, and even post-traumatic stress disorder.
Eligibility for Pain and Suffering Damages
Qualifying Injuries
Under Nevada's jury instructions, a person is entitled to recover for both the present and future physical and mental pain, suffering, anguish, disability, and loss of enjoyment of life endured by the plaintiff as a result of the accident. There is no fixed standard for deciding the amount of pain and suffering damages. Instead, the jury is required to use their judgment and decide upon a reasonable amount based on the evidence and common sense.
Role of Negligence
Demonstrating negligence is a cornerstone in personal injury cases, particularly when claiming pain and suffering damages. To be eligible for such compensation, the injured party must prove that another's negligence caused their injuries. This involves showing that the responsible party failed to act with reasonable care, leading to the accident and subsequent injuries. Establishing the link between negligence and the harm suffered is essential for a successful pain and suffering claim, whether it's a car accident, slip and fall, or any other type of incident.
Calculating Pain and Suffering Compensation
Calculating compensation for pain and suffering is not an exact science, and various methods are employed to arrive at a fair amount. One common approach used for settlements is the multiplier method, which involves multiplying the actual economic damages—such as medical bills and lost wages—by a certain number, which reflects the severity of the pain and suffering. Another method is the per diem approach, where a daily rate is assigned to the pain and suffering, and then multiplied by the number of days the victim is expected to experience discomfort. Other times, each side will find similar cases and find the amount of damages awarded to calculate the likely award in their own case. Attorneys and insurance companies often negotiate these figures to reach a settlement that adequately reflects the pain and suffering endured by the injured plaintiff.
Contact Our Skilled Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.
If you're in Reno, NV, and have experienced a personal injury, understanding your rights to pain and suffering compensation is crucial.
At Viloria, Oliphant, Oster & Aman L.L.P., our seasoned attorneys are dedicated to helping you navigate the complexities of personal injury law. We invite you to contact us at our Reno office to discuss your case and explore how we can assist you in securing the compensation you deserve. Your well-being is our priority, and we are committed to advocating for your rights every step of the way. (775) 227-2280