Catastrophic injury cases can quickly become complicated if it is unclear who was at fault. The investigation after a serious accident can reveal details that help lawyers determine an ideal compensation value for the affected party. However, the pain and suffering damage in a catastrophic injury case is hard to determine accurately since Nevada law does not provide any specifics.
Although it’s not difficult to receive a fair settlement that pays your medical costs following a personal injury, you may struggle to get what you truly deserve. Others cannot truly know the extent of psychological damage you’ve experienced, such as mental anguish and long-term suffering.
Let’s explore the factors that help lawyers and the jury decide how much compensation you are liable to receive from a catastrophic injury.
Pain and Suffering Damage From a Catastrophic Injury
Imagine you’ve been in a severe traffic accident, and after a series of surgical procedures, you have become disabled and unable to walk again. Such news can shake people’s sense of identity and make it difficult to cope with life.
Putting aside the medical costs of surgeries and long-term rehabilitation, how much value can you place on the person’s pain and suffering?
After going through such a traumatic experience, you will never be the same. Psychological trauma leads to an accumulation of pain and suffering, leading to sleepless nights, emotional pain, and mental illnesses like depression and chronic anxiety.
For these reasons, the most competent personal injury lawyers must consider all factors that help their clients receive the maximum settlement amount in a court of justice.
How to Separate Economic Losses from Pain and Suffering?
If you’ve been involved in a traffic accident, it is easy to calculate the extent of economic losses. These losses relate to destroyed property and medical bills for personal injury treatment. These losses are often called economic damages, which can be easily quantified. However, pain and suffering are intangible and difficult to measure. The state and courts must decide the most accurate way to assign a number to these non-economic damages.
Nevada law clarifies that affected parties in catastrophic injury cases are liable to receive fair compensation after evaluating their condition. Although money does not magically take away your pain and suffering, it offers some relief.
Let’s explore some ways to calculate how much compensation you can receive in a catastrophic injury case.
Calculating the Economic Worth of Pain and Suffering
Catastrophic injury cases have been occurring for a long time. There have been enough cases over the years for courts and insurance companies to know how to proceed with certain courses of action.
For example, insurance companies rely on software to provide a ‘fair’ compensation value before the situation becomes complicated. However, personal injury lawyers have their practices to ensure their clients get more than initially offered.
Let’s explore ways to calculate the economic worth of pain and suffering.
Use the Multiplier Technique
As we’ve discussed, it is fairly straightforward to determine an accurate number for the economic damages in a catastrophic injury case. However, this becomes complicated when you need to account for the cost of pain and suffering, which differs for each person.
Under Nevada law, it is common for insurance companies to use the multiplier technique to determine the value of pain and suffering.
The multiplier varies from 1.5 and 5.0 times the value of the economic damages, depending on the severity of the case. If you’ve experienced some degree of pain and suffering from a catastrophic injury, you will likely be awarded a value 1.5 times the price of economic damages.
For example, suppose your medical bills and property destruction costs have amounted to $20,000, and your pain and suffering are relatively mild. In that case, you may be offered $30,000 (using a multiplier of 1.5).
However, in extreme cases of long-term disabilities and lifelong injuries, the multiplier will be much higher. To summarize, it depends on your particular case and degree of suffering.
Using the Per Diem Technique
This is an alternative technique to the multiplier method. It assigns a monetary value to each day of your pain and suffering. If you suffered a severe injury that left you in pain for 90 days, you could use your daily wage to assign a number to your anguish. If you earn $120 daily, you will value your suffering as $10,800 over 90 days.
However, this is just a guide and estimate. You can estimate your pain and suffering differently and help your personal injury lawyer build your case accordingly.
Hire Competent Personal Injury Lawyers for Your Catastrophic Injury Case
Depending on your unique circumstances, it helps to hire a lawyer that understands your situation completely. After completing their investigation, they will help you build a strong case for your pain and suffering to allow you to receive the maximum settlement amount possible.
The Bourassa Law Group specializes in handling catastrophic injury cases in Nevada. Its team of lawyers is highly experienced and dedicated to helping its clients receive prompt justice. By evaluating your unique factors, they can convince the courts that you should receive much more than what you’re being offered. Reach out to them at (800)870-8910 for a free consultation and inquire about your catastrophic injury case.
