When you hear about a Nevada personal injury lawsuit, you often times hear the term ‘pain and suffering’ when it comes to monetary damages. Although many may have heard of this type of monetary compensation, they do not know what it exactly consists of when it comes to the law. If you or someone you know has been involved in a Nevada accident and suffered personal injuries due to the fault of another, it is important to understand what pain and suffering means.
Pain and Suffering Types
Victims of personal injuries may not suffer harm that is simply physical in nature. In fact, it is common for personal injury victims to suffer mental injuries, as well. These types of injuries are different from one another although they can result from the same single accident.
Some examples of physical injuries include cuts, bruises, and broken bones or other visible injuries. Other physical injuries, although they may not be visible, include concussions and paralysis. Mental injuries, however, are not visible. These may include emotional distress, mental anguish, anxiety, shock, and loss of enjoyment of life. These diagnoses may lease to anger, loss of appetite, depression, and even post-traumatic stress disorder (PTSD).
In order for someone who has suffered personal injuries in Nevada to successfully obtain any type of monetary compensation, he or she must first establish that someone else was at fault for the accident. Nevada follows the doctrine of negligence known as modified comparative fault. In short, this means that an injured person’s recovery—or monetary compensation awarded—is in proportion to his or her degree of fault. Under Nevada law, if the injured person is found to be partially at fault for the accident that caused the injuries, his or her compensation will be reduced by the amount of fault. If an injured person is found to be more than 50% at fault, he or she cannot recover any damages—including pain and suffering—at all.
Calculating Pain and Suffering
If an injured person’s pain and suffering was caused by medical malpractice in Nevada, state law places a cap of $350,000 on the amount of pain and suffering damages that can be collected. There is not a cap on pain and suffering damages for other types of personal injury cases. There is no set formula in Nevada for determining on how much a person can receive in pain and suffering damages. In a Nevada personal injury trial, jurors are instructed to consider the extent, nature, and duration of the injuries and damages when determining a pain and suffering award. A skilled Las Vegas personal injury attorney will evaluate your personal injury case on its own merits including comparing it to prior jury verdicts and settlements.
Nevada Personal Injury Help
If you or someone you know has been injured in a Nevada accident that was the fault of another, contact the skilled personal injury attorneys at Parry & Pfau. These experienced attorneys will fight for the compensation you deserve and properly evaluate your case should you be entitled to pain and suffering damages. Contact us today to schedule your initial case evaluation.
(image courtesy of Greg Raines)