If you or someone you know has been hurt in a Las Vegas car accident, you have likely suffered injuries to your person, property damage, and even psychological harm. Likewise, if you are pursuing a personal injury claim, you have likely heard of different types of damages including those referred to as “pain and suffering.” Pain and suffering is a critical element in any lawsuit or insurance claim that alleges injuries. Therefore, becoming familiar with this key term as a victim of a Las Vegas car accident is important so that you understand what it means and how it can affect the outcome of your case.
Pain and Suffering: Types and Definitions
When it comes to pain and suffering, there are two types — mental and physical.
Mental pain and suffering is not as clear-cut as physical pain and suffering that is associated with an injury resulting from an accident. Typically, mental pain and suffering is a byproduct of the physical bodily injuries an accident victim sustains. This may include emotional distress, mental anguish, loss of enjoyment of life, and other psychological disorders such as anxiety, depression, or post-traumatic stress disorder.
Physical pain and suffering, on the other hand, involves more than just the pain and discomfort an accident victim experiences to date as a result of injuries. Instead, this encompasses the painful effects of the physical injuries the victim will continue to experience in the future as a result of the incident.
Pain and Suffering: Factors Used When Calculating Damages
Unlike compensatory damages, which can be quantified such as medical expenses, physical therapy, prescription medication, and other costs associated with recovery, there is no one way to calculate pain and suffering damages.
One approach used is referred to as the “multiplier” method. Under this calculation, a number between 1.5 and 4 is multiplied by the total of the accident victim’s medical bills and lost wages. The higher the multiplier, the higher the pain and suffering the accident victim experienced.
There are also other factors that are considered when determining pain and suffering damages. These include whether the victim is likable, a good witness, credible, has a criminal record, gives consistent testimony about the accident, appears to be exaggerating, seems to have lied about something, has physician(s) supporting the claim, and has injuries and diagnoses that make sense to the jury.
Las Vegas Personal Injury Attorneys
Being hurt in a Las Vegas accident as a result of another’s negligent actions is difficult. You have likely suffered physical injuries, property damage, and even psychological harm. Do not try to navigate the legal system on your own. Instead, contact a skilled Las Vegas personal injury attorney to ensure you receive the maximum compensation for harm suffered. The experienced attorneys at Parry & Pfau have represented accident victims in Las Vegas and across the state of Nevada. These lawyers are equipped with the skills and knowledge to zealously represent you. Contact us today for your initial case evaluation.
(image courtesy of Matheus Ferrero)