Pain and Suffering Compensation
Emotional Damages in a Personal Injury Case
If you were wrongfully injured, then you may be entitled to a personal
injury claim for compensation. Within a personal injury claim, there are
many different areas in which you may be able to receive compensation.
Pain and suffering is one of those areas. Pain and suffering describes
a type of emotional damage. If you were involved in a serious accident,
and suffered from emotional stress or trauma because of that incident,
then financial compensation could be provided. Sometimes, emotional trauma
affects a person physically. For example, if you are suffering from post-traumatic
stress disorder and depression after a
car accident, this could result in severe aches, weight loss, migraines, etc.
If you were involved in an accident and you are suffering from emotional
as well as physical injuries, you may be able to recover pain and suffering
compensation. The amount that you might be entitled to is difficult to
quantify. Physical damages are easier to estimate, since the injuries
and the treatments are tangible. You should discuss your case with a
Las Vegas personal injury lawyer from our firm to determine what you might be able to recover and a specific
amount of pain and suffering compensation you could pursue.
Pain & Suffering in Wrongful Death Cases
Pain and suffering is also a provision in the Nevada
wrongful death statutes. According to § 41.085 and § 41.100 of the Nevada Revised
Statutes, pain and suffering compensation could be awarded in wrongful
death civil actions. Who would be able to receive this compensation? The
statutes allow for "heirs" to receive wrongful death compensation.
Heirs are those who would be entitled to inherit separate property of
a deceased individual in the event of a death intestate.
According to NRS § 41.085,
4. The heirs may prove their respective damages in the action brought pursuant
to subsection 2 and the court or jury may award each person pecuniary
damages for the person's grief or sorrow, loss of probable support,
companionship, society, comfort and consortium,
and damages for pain, suffering or disfigurement of the decedent.
In the event that a severely injured person enters into a personal injury
case, but dies before a judgment is entered into, then the heirs may act
as the decedent's representatives and can recover up to the amount
that the decedent would have been rewarded. This can include damages for
pain, suffering or disfigurement and loss of probable support, companionship,
society, comfort and consortium.
Remember, pain and suffering is both mental and physical. While the injuries
are subjective and cause the victim to suffer non-monetary losses, victims
of negligence and gross negligence may be able to qualify for this type
of personal injury compensation. Typically, the more severe or "gross"
the negligent or careless act was, the greater the award will be.
Contacting a Las Vegas Personal Injury Attorney
If you or someone you love suffered a terrible wrong, Shook & Stone
would like to hear about it. Our job as Nevada personal injury lawyers
is to secure maximum financial compensation for our clients in whatever
forms that might be, including pain and suffering. Pecuniary damages and
noneconomic damages vary from state to state, which is why it is important
to secure representation from an attorney in your area. Shook & Stone
has been dealing with these types of cases since 1997 when John Shook
and Leonard Stone founded the firm.
If you would like to speak with a Las Vegas injury lawyer from our firm
to secure your
free case evaluation, please do not hesitate to call 888-662-2013 today!