How Are Pain and Suffering Damages Calculated in Nevada Personal Injury Cases?

Understanding Damages in Nevada Personal Injury Cases

Economic and non-economic damages are the two main categories in personal injury. Economic damages refer to calculable, quantifiable losses like property damage, medical costs, and lost wages that occur after a personal injury. 

Calculating economic damages is pretty straightforward and is one of the easier parts of the personal injury damages formula.

The other part of the personal injury damage calculation is non-economic damages. This might include things like:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• And other incalculable losses

Calculating economic damages as well as pain and suffering damages in Nevada is an essential part of recovering a fair settlement. Economic damages paint a picture of your physical injury and suffering. Meanwhile, non-economic damages make it so that the pain and suffering that accompany your physical injuries are not devalued or overlooked during settlement negotiations.

When you work with an experienced personal injury attorney who knows how to prove pain and suffering, you’ll have a stronger chance at recovering compensation for damages caused by disfigurement, scarring after an accident, issues related to your mobility, and any lingering mental health challenges that resulted because of your accident.

Related: Negligence in Personal Injury Cases in Nevada

What Qualifies as Pain and Suffering in Nevada?

Before we dive into the details of how damages are calculated in personal injury cases, it’s important to dive into the details of what constitutes pain and suffering under Nevada law.

Pain and suffering go beyond simple physical pain. Some pain and suffering damages examples under Nevada law might include:

• Emotional and psychological suffering
• Mental health issues, such as PTSD and anxiety that develop after an accident
• Emotional trauma
• Physical impairment or permanent disability
• Chronic pain

The Core Calculation Methods for Pain and Suffering 

There are two main methods used for obtaining a figure for Nevada personal injury damages. They include the Multiplier Method and the Per Diem Method. Both methods can be used to determine your pain and suffering claim value.

The Multiplier Method

The most common method for calculating pain and suffering is the Multiplier Method. With the Multiplier Method, a multiplier typically between 1.5 and 5 is determined based on the severity of your physical injury, the length of your recovery, the emotional toll of the injury, and your long-term outlook.

This multiplier will then be multiplied by your total economic damages. This includes your medical bills, lost wages, and other economic losses. The total amount will be equivalent to your non-economic damages compensation. For example, if you’ve suffered $50,000 in economic damages and the judge or jury has determined that the multiplier in your case is a 3, the calculation would be $50,000 x 3, which would amount to $150,000 in total non-economic damages.

The Per Diem Method

A second method, known as the Per Diem method, is more common for short-term injuries. Instead of a multiplier, this method assigns a specific dollar amount for each day a victim will experience emotional discomfort or physical pain. 

The clock begins to run from the date of your injury until the day you reach what’s known as a maximum medical improvement (MMI) date. For every day you suffer before you reach the MMI date, you will be compensated. The daily rate is typically based on factors like your daily lost wages.

The Insurance Company’s Approach

Insurance companies and insurance adjusters often use their own software or algorithms to calculate payout for non-economic damages. Unfortunately, this method favors the insurance companies, as their aim is to minimize payout.

This is where the expertise of an experienced personal injury attorney is invaluable. They’ll fight against lowball offers and will help you reach the compensation in your case.

Is There a Cap on Pain and Suffering Damages in Nevada? 

One of the most common questions relates to pain and suffering caps in Nevada. In most cases, there is no cap on non-economic damages. However, Nevada personal injury damage caps related to non-economic damages apply to personal injuries brought on by malpractice cases.

The damage cap for medical malpractice cases is somewhat of a moving target, but the cap does increase annually, at least until 2028.

How To Prove Pain and Suffering in Your Nevada Claim

One of the most important factors of recovering non-economic personal injury damages is proving your case. You must prove that you’ve actually suffered pain and suffering before you can move to the next stage, which is calculating how much pain and suffering compensation you may be entitled to.

While pain and suffering is subjective, there are certain pieces of evidence that can strengthen your case, helping you to recover the damages you might be entitled to. 

Here are some elements that can help you build a strong case:

• Medical records and documentation: It’s important to seek medical attention as quickly as you can after your injury. Physicians can document your treatment and medications, and will also refer you to psychologists and other mental health specialists who will treat the non-visible injuries you’re suffering. These records can be used to help you prove your pain and suffering.
• Pain journals and diaries: Keep a daily log or journal of the pain and suffering you’ve endured, as well as any emotional trauma and mental health issues you’re facing because of your injury.
• Testimony and statements: Statements from friends, family members, and coworkers can also speak to your overall mental health and wellness, helping support any claims related to pain and emotional suffering that you’ve endured.
• Other evidence: Photos, videos, and expert testimony are other pieces of evidence that can help support your claim.

Key Factors That Influence a Personal Injury Settlement in Nevada

There are a number of factors that go into a personal injury damages formula in Nevada, as well as many factors affecting personal injury settlements. Understanding these factors can help you get a better idea of what your case may be worth, as well as how an experienced personal injury attorney can help you.

Here are some important factors to be aware of:

• Injury severity: A serious injury with permanent disability or chronic pain will warrant a higher multiplier and a higher settlement.
• Comparative negligence: Even if you’re partially at fault, you can still recover economic and non-economic damages in a personal injury claim. However, under Nevada’s comparative negligence rule, you can only recover damages if you are found to be less than 50% at fault. The damages you’re able to recover are also proportionate to the percentage of fault.
• Strength of evidence: Clear and compelling medical records, invoices, and other documentation will help strengthen your case.
• Insurance company tactics: Insurance companies will try to minimize your payout. Working with an experienced attorney who knows how to aggressively negotiate on your behalf with insurance companies can lead to higher settlement amounts.
• The role of legal representation: A knowledgeable personal injury attorney can be the difference between an unfair settlement amount and a comprehensive compensation payout. They provide you with legal support, a personal injury claim checklist, and other resources and services that will help you through the claims process.

Special Cases and Considerations

There are certain circumstances where the rules for non-economic damage compensation differ. The following are cases that have unique rules for pain and suffering damages.

Workers’ Compensation Claims

If you suffered a physical injury at work, you can pursue a workers’ compensation claim. However, pain and suffering damages are typically not recoverable through workers’ comp.

Wrongful Death Claims

In wrongful death claims, non-economic damages can include loss of companionship, support, and emotional distress.

Punitive Damages

Another type of damages in a personal injury accident might include punitive damages. In extreme cases where gross negligence has occurred, punitive damages may be awarded. Instead of compensating a victim for their pain and suffering, punitive damages are designed to punish a defendant for their gross negligence.

Why You Need an Experienced Personal Injury Attorney 

With decades of experience representing victims like you, our attorneys will work to maximize your settlement payout by collecting relevant evidence to strengthen your case. We will push back against the lowball offers from insurance companies, and we are ready to represent you in court if a fair settlement cannot be reached.
Schedule a free case evaluation with our team today to get a better understanding of your legal rights and options. You’ll get insight into the strength of your case, possible outcomes, information on filing claims in Nevada, and what the best path forward for your case looks like.

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