Pain and Suffering Compensation
Shook & Stone - Personal Injury Lawyers
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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 Nevada 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,
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 Nevada 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.