Nevada Car Accident Pain & Suffering Damages
When you are awarded money to compensate you for injuries or damage caused by another’s negligent act, you have been awarded “damages.” Designed to compensate you for your injuries, property damage, and pain and suffering, damages represent the bottom line in nearly every car accident insurance claim or lawsuit in Nevada. If you’ve been in a car accident, how much money is coming your way—or how much will you have to pay?
Damages come in two main flavors: Economic and Non-Economic. Quantifiable damages such as medical expenses and repair bills are considered economic damages. Pain, suffering and humiliation are considered non-economic damages. They are the most disputed set of damages in any auto accident case due to their subjective nature, as well as the fact that they normally represent a dollar amount several times that of any economic damages. What follows are some common examples of both economic and non-economic damages.
Economic damages in auto accident cases may include:
- Medical expenses
- In-home or custodial care, such as visiting nurses or stints in in-patient rehab centers
- Lost wages
- Diminished earning capacity
- Property damage
- Repair bills
Common examples of non-economic damages may include:
- Chronic pain or suffering
- Humiliation or mental anguish
- Permanent scarring or disfigurement
- Permanent or temporary physical impairment
- Loss of consortium (loss of spousal companionship and services)
- Missed opportunities or experiences
Nevada’s tort liability system is of the traditional variety. There are no caps on damages for pain and suffering and no restrictions on who can or cannot sue for personal injuries suffered as a result of an auto accident. A jury decides the amount of damages a prevailing party will receive—both economic and non-economic. To learn more about how juries arrive at damage amounts, see How do insurance companies and juries assign values to pain and suffering?
Document Your Pain and Suffering Claim (Checklist): This checklist will help you document and calculate both your economic and non-economic damages. The checklist will help you organize your damages and assist you in maximizing your claim.
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.