How Do Nevada Courts Calculate Pain And Suffering Damages?
If you have been injured in an accident, you may be entitled to compensation from the responsible party. This compensation can include payment for medical costs and other out-of-pocket expenses, as well as damages for pain and suffering. However, it is important to understand how Nevada courts calculate these damages before pursuing a claim.
At Cameron Law, our Las Vegas personal injury lawyer helps accident victims pursue fair compensation for their injuries and losses. We can help you understand what your pain and suffering damages are worth. With an office in Las Vegas, our law firm represents accident victims in Paradise, Henderson, and Spring Valley.
How Do Nevada Courts Calculate Pain and Suffering Damages?
Pain and suffering damages are used to compensate victims for the mental anguish and physical discomfort associated with an injury. In Nevada, courts consider many factors when determining the amount of these damages, including:
- The severity of your injury;
- The duration of your pain;
- Your age and health prior to the injury;
- Your ability to perform everyday activities;
- Whether you’ve required ongoing medical treatment or ongoing therapy; and
- Any scarring or disfigurement resulting from the injury.
All of these factors are taken into account when calculating pain and suffering damages in Nevada. Additionally, if a jury trial is necessary, they will also consider any testimony provided by witnesses regarding your level of distress due to the injury.
What’s the Formula to Calculate Pain and Suffering?
It is important to note that there is no set formula for calculating pain and suffering damages in Nevada. Every case is different, so the court will use its own discretion based on all relevant evidence presented at trial. It is also important to remember that even if you are successful in obtaining a judgment from the court, there is no guarantee that you will receive full compensation for your injuries. This is why it’s often beneficial to hire an experienced attorney who can help ensure that you receive all the compensation you deserve.
Is There a Cap on Pain and Suffering Damages in Nevada?
Unlike some other states, Nevada does not limit the amount you can recover when seeking pain and suffering damages. The only exception is if you are seeking compensation through a medical malpractice case. If your pain and suffering were the results of medical malpractice or other forms of professional negligence, you would not be able to recover more than $350,000 in non-economic damages. Voters in the state approved the cap as part of a ballot initiative in 2004, according to the website of the Nevada Legislature.
Why You Need a Personal Injury Attorney
When filing a personal injury claim in Nevada, it’s essential to understand how courts calculate pain and suffering damages so that you can accurately assess your chances of receiving full compensation for your injuries. By understanding what factors go into calculating these types of damages, you can make sure that any settlement offer received adequately covers all aspects of your case. An experienced lawyer can also help ensure that any settlement offer received accurately reflects your level of distress due to the injury as well as all other applicable factors related to calculating pain and suffering damages in Nevada.
Cameron Law: The Experience You Can Trust
If you or someone you know has been injured due to another person’s negligence or recklessness, it may be beneficial to speak with a qualified attorney who can help determine if filing a personal injury lawsuit is right for your situation. The personal injury attorney at Cameron Law can guide you through the claims process and help you determine what damages you might be entitled to. Call 702-745-4545 for a free case evaluation.
Source:
leg.state.nv.us/Division/Research/VoteNV/BallotQuestions/2004.pdf
