You’re hurt in an accident in Nevada. You suffer injuries like a broken arm and muscle strains. There are mounting medical bills.
What you already know is that your medical bills are only one tiny part of the harm that you suffer because of an accident. You’re suffering from the mental aftermath of having been in a car accident, too. The physical pain might be unbearable. You might wonder if there’s a way to work with your personal injury lawyer to recover for the pain and suffering that you’re enduring because of the accident.
Pain and Suffering in Nevada Accident Lawsuits
Fortunately, Nevada law recognizes that accident victims suffer both physically and mentally. You can make a claim for your physical and emotional anguish as part of your overall claim after a Nevada accident. Your non-financial losses have a name – pain and suffering.
What Is Pain and Suffering in a Nevada Accident Case?
Pain and suffering in a Nevada accident case is a category of monetary damages that compensates you for the physical and emotional suffering that comes along with being an accident victim. Pain and suffering is the name for the damages that encompass the physical and emotional stress that comes along with injuries. The purpose of pain and suffering is to compensate you for all of the diverse ways that you suffer because of an accident.
Pain and Suffering Damages Often Go Along With a Physical Injury
Usually, pain and suffering damages accompany a physical injury. For example, if you slip and suffer a concussion, you might have headaches that interfere with your life. The concussion might impact your life activities for a period of time in a way that causes you emotional angst. Your pain and suffering damages are these non-quantifiable losses. There are some types of tort claims that might not require a physical injury for pain and suffering compensation like intentional infliction of emotional distress. But in accident cases, pain and suffering damages typically accompany a personal injury accident.
Pain and Suffering Damages Are Subjective
Non-economic damages like pain and suffering are damages that you can’t immediately quantify with a dollar value. You can’t total up your pain and suffering like you can total up your medical bills or get an estimate for the amount of your property damage. Instead, pain and suffering damages are subjective. You must work to provide the evidence of the value of your pain and suffering, but it isn’t always immediately clear what the dollar value is for the pain and suffering that you endure as a result of your accident.
How Do I Prove Pain and Suffering Damages?
Because pain and suffering damages are subjective, you might wonder how you go about proving what you deserve for pain and suffering compensation. There are a number of ways that you can prove pain and suffering, including:
- Medical records – If your medical records show serious injury, it makes sense that there’s pain and suffering associated with your injuries
- Medical experts – A medical expert can provide the jury with helpful insight about what kind of physical pain results from the injuries that you sustain in the accident
- Photos and videos – Your personal photos and videos including your social media accounts can prove what activities you used to enjoy before the accident
- Counselor or psychologist testimony – If you work with a counselor or psychologist after the accident, they can tell the court how you’ve suffered anxiety, depression or PTSD
- Friends and family – Your friends and family can provide testimony about your lifestyle as well as your mental state. They can talk about how you’ve changed physically and emotionally because of what’s happened to you.
Proving your pain and suffering is a fact-specific inquiry. How you go about proving the value of your pain and suffering depends on what pain and suffering you have. Your accident attorney can help you determine what you must do in order prove your pain and suffering losses to the jury.
Proving Future Pain and Suffering Damages
One place to pay special attention when it comes to pain and suffering damages is where you have future pain and suffering damages. You may have pain and suffering that continues long after your case ends in the courts. You can value your future pain and suffering and include it in your claim.
But be careful! The Nevada Supreme Court has ruled that in some circumstances you need to have an expert witness to testify to what your future pain and suffering damages are going to be. If your injuries aren’t physically visible, like headaches, you need to have an expert to testify to the fact that your pain and suffering damages are likely to continue. If your injuries are physically observable to the jury, this expert isn’t required. In all other cases, you need to make sure that you have the right medical expert to speak on your behalf.
The Nevada Supreme Court created this rule in the Paul v. Imperial Palace case. In the Paul case, the victim slipped on an oil spill on the floor. The victim suffered from a torn rotator cuff and permanent disability that disrupted her sleep and prevented her from taking care of her home. The court ruled in favor of the victim that she presented sufficient evidence of her future pain and suffering.
Winning Your Case for Pain and Suffering
Nevada law recognizes pain and suffering as a component of a Nevada accident claim. You may include pain and suffering in your claim, but it’s important to work carefully to value your claim. You may need to bring experts, personal witnesses and even documentary evidence like photographs or medical records to prove what kind of pain and suffering compensation you deserve.
Work With Our Injury Attorneys
Our Nevada attorneys know that pain and suffering is a critical part of your accident claim. We can work to diligently prove your pain and suffering and help you receive the compensation that you deserve. Call us today to begin working on your claim.