Damages are generally defined as the amount of money that is awarded to compensate someone who has been harmed by another’s wrongdoing or negligence. Whether you are negotiating your car accident case with an insurance company or fighting it out in court, it all comes down to damages. How much are you owed (or do you have to pay) as a result of the accident?

There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category and are often the most controversial part of any auto accident recovery, partly because they are not easily defined or quantified, and partly because they can make up a very substantial part of any plaintiff’s overall damage claim. Following is a break-down of the types of harm covered under economic or non-economic damages:

In auto accident cases, economic damages may include:

Medical treatment
Care or custody
Loss of earnings
Loss of earning capacity
Other property loss

Non-economic damages may include:

Pain and suffering
Inconvenience
Physical impairment
Disfigurement
Loss of consortium (loss of spousal companionship and services)
Other non-economic losses

Nevada operates under a “tort liability system” that governs how pain and suffering claims are to be litigated. In short, the tort liability system allows the jury to decide, exclusively, the amount of damages to which the plaintiff is entitled. There are no restrictions on who can or cannot sue for personal injury damages. The jury looks at the amount of money the plaintiff is requesting for each item of harm and decides if that amount is reasonable. To see how juries go about this task, see How do insurance companies and juries assign values to pain and suffering?

Resources:

Document Your Pain and Suffering Claim (Checklist): A checklist that helps you document your economic and non-economic damages. An invaluable tool to help you prove how much your pain and suffering claim is worth.

Nevada Division of Insurance: The Nevada Division of Insurance website offers helpful consumer information, guides, alerts, and a link for filing complaints.

Nevada Department of Motor Vehicles – Insurance Verification Program: The Insurance Verification Program (IVP) partners with auto insurance companies state-wide to track lapsed insurance coverage for specific registered vehicles. This website explains how the IVP works and how to get reinstated.

Free Advice Auto Insurance Center: Articles, FAQs, free quotes and research links.

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