What Are Pain and Suffering Damages?
When someone else causes you injury through negligence or intentional wrongdoing, you have the right to seek personal injury damages to be made whole. Special or economic damages compensate for financial losses you suffered, like medical bills. General or non-economic damages compensate for the emotional, psychological, and physical impact of your injuries. Pain and suffering fall under non-economic damages. The concept refers to the emotional and physical discomfort, pain, and anguish following a serious injury. Sometimes, the value of this suffering exceeds the financial damages in your case, particularly if you are facing long-term pain and hardship.
Physical Pain and Suffering
The physical pain from a serious accident can be intense and debilitating. The injuries themselves may be painful, but you may face difficult medical procedures and a long, challenging recovery. For many victims of a car accident or serious fall, chronic pain, impairment, and limited mobility become a part of daily life.
Examples of physical injuries and ongoing pain that qualify for this type of compensation include:
- Brain injuries
- Back pain
- Organ damage
- Nerve damage
- Spinal cord injuries and paralysis
- Burns
- Amputation
The value of your pain and suffering will depend on the severity and type of injuries you suffered, among other factors.
Emotional Pain and Suffering
Pain and suffering go beyond just physical pain; they also include the emotional and psychological effects of your injuries. Your injuries, the impact on your life, and even the accident itself can have a devastating psychological impact. Emotional pain and suffering refer to the consequences of your accident, including:
- Emotional distress
- Mental anguish
- Reduced quality of life
- Disfigurement
- Hardship
- Cognitive changes
- Insomnia
- Anxiety
- Depression
- Fear
- Post-traumatic stress disorder (PTSD)
A serious accident can change your life forever, forcing you to come to terms with profound losses and a new trajectory to your life you did not choose.
Loss of Consortium
This is a unique type of pain and suffering. Nevada recognizes an accident can affect more than just the victim. Spouses of personal injury victims may be entitled to compensation for loss of consortium through a separate but derivative lawsuit. A loss of consortium claim by a spouse seeks compensation for:
- Loss of moral support, love, affection, and companionship
- Loss of care, protection, and assistance
- Loss of financial contributions and help with household chores and childrearing
- Inability to engage in sexual relations or bear children
Only legally married spouses or domestic partners can seek loss of consortium damages. Because these claims are made through a derivative lawsuit, the injured spouse must also sue and win their case to recover compensation.
