In Nevada, caps are imposed on damages awarded in personal injury claims. The cap for non-economic damages associated with tort laws is $350,000. These tort laws cover pain and suffering associated with these claims. Any award of these damages is based on a clear case in which these concepts are proven without doubt. If you have a case based on pain and suffering, you should contact a Personal Injury Attorney in Henderson Nevada.
Proving Pain and Suffering after an Accident
The first key element needed to present compelling evidence is the medication prescribed to treat pain associated with the injuries. Strong painkillers that are prescribed for a long duration are conducive to winning a pain and suffering case. The physician can testify in court about the severity of the victim’s pain and suffering due to his or her injuries.
The medical records should imply the duration of time that is needed for recovery, if it is not a permanent injury. Typically, the extensive pain and suffering is implied whenever pain continues for a period that exceeds twelve weeks after the accident.
Further elements needed to prove pain and suffering include medical notations in the victim’s records that indicate whether or not the pain is severe enough to prevent the victim from returning to their normal life. Consistent pain and discomfort that are recorded during doctor visits are another element. Photographs acquired during medical treatment that show the wounds which were sustained in the accident provide compelling evidence that could convince a jury of the victim’s rights to demand economic damages.
When litigating the personal injury claim, the Personal Injury Attorney in Henderson Nevada compiles these key elements to generate a solid claim. In court, a jury will review these elements to determine whether or not the victim should receive non-economic damages.
They will further determine, if the victim played a role in occurrence that caused their injuries. This determines if the shared-fault ruling applies in the case. If the jury believes that the victim was partially to blame, the settlement is reduced. Victims who wish to file a claim for pain and suffering should contact the Brian D Nettles Law Offices. Follow us on Facebook and stay connected with us!