Pain and Suffering Compensation
Las Vegas, Nevada
Pain and suffering claims
In the car accident cases where the other party was undoubtedly at fault, the injured party will receive compensation for their pain and suffering. Uber accident cases are not an exception. If your accident resulted in a severe injury, the pain and suffering compensation most likely would be included in your accident settlement.
Even though this article discusses Uber accidents, the same rules apply to other injury liability claims.
Pain and suffering defined
In simple words, pain and suffering are the physical and emotional distress associated with an Uber accident injury. After the accident, your life is not the same as before.
Suing for pain and suffering
It is not only pain that gives you a right to be compensated. Other kinds of psychical discomfort, such as the loss of sleep, trouble eating or digesting, upset stomach, medication's side effects, are just a few things for which you have the right to be compensated.
Emotional difficulties also can be compensated. Psychical injuries can cause stress, depression, or strains on family relationships - for example, the inability to take care of children.
Accident injuries can cause unfortunate results that cannot easily be assigned a dollar value but still amount to severe losses.
Here are some of the most common kinds of nonmonetary losses for which the at-fault party expected to pay compensation:
- Long term lingering pain
- Loss of mobility for hobbies and recreation
- Impact on a person's relationships
- Stress and anxiety at work and home
So, the question becomes, how do you calculate the amount that the other driver owns you for putting you through this experience?
How do attorneys calculate pain and suffering amounts?
There are many ways how the attorneys calculate the pain and suffering amount. The attorneys look at each option before they factor in the liability claim's pain and suffering amount.
One conventional method is for attorneys to take the amount of your past medical bills and, in some cases, future medical bills and multiply these amounts by three (3). In some cases, when the victim suffered very serious, long-term, or permanent injury, the multiplier can go up to five (5) or five times the amount of past and future medical bills.
The attorneys also research past cases with similar facts in the same jurisdiction and use their pre-trial settlements or jury awards as a guideline. The fact that Uber settles most of the accidents for undisclosed amounts makes it challenging to find this information and use it as a baseline.
How do insurance companies calculate pain and suffering amounts?
Most insurance companies use the insurance calculator or have established insurance company formulas for how their insurance calculates a payout. The most popular software program used to estimate personal injury claims from auto accidents is called Colossus.
Many attorneys argue that Colossus does not consider the true extent of a victim's pain and suffering. While judges and juries tend to listen to the victim's story, Colossus only takes into consideration a) the actual medical records and b) the average settlement amount for similar injuries in the area.
Because Colossus recognizes only medical records, it's crucial for doctors and nurses to document every patient's complaints, even if it is a small one. Every symptom and treatment, everything that the patient goes thru during recovery, and the possible long-term effect of their injury, should be documented.
It is essential to know that a) each insurance company uses the Colossus program differently when valuing the injury cases, and b) about 70% of insurance companies today use Colossus.
If you need any additional information or you want to discuss your Uber car accident, call us at 702-432-1000 and ask to speak with an Uber accident lawyer.
Negotiation phase
In the end, your attorney negotiates the pain and suffering part of the Uber accident settlement. This is why it is so important who is the attorney on a case. Also, the calculated amounts by your attorney or an insurance adjuster (with the help of an insurance calculator) are just the guidelines. At the end of negotiations, the awarded amount for pain and suffering could be different.
The role of the judge
In cases that go to trial, the judge and the jury determine the amount to be awarded for pain and suffering damages.
The upper limit of non-economic damages
In Nevada, except in rare exceptions of medical malpractice cases, there is no upper limit to the amount you can recover for non-economic damages (which is pain and suffering).
We can help
All in all, calculating the pain and suffering part of an Uber car accident can be very subjective. An experienced Uber accident lawyer can help.
Our office handles Uber car accidents all the time. Our experience dealing with Uber insurance is positive.
Confidentiality agreements do not allow us to disclose the compensation amounts, but overall, our clients are happy with the results.
To speak with an Uber accident lawyer, call us at 702-432-1000 or visit our office in downtown Las Vegas at 515 S. 7th Street. Walk-ins are welcome.
All personal injury work at Heshmati & Associates is charged on a contingency basis, which means you don't have to pay us unless your case is settled or you received monetary compensation at the trial.
We serve clients in Las Vegas, Summerlin, North Las Vegas, Henderson, and the rest of Nevada.
Written by Parish Heshmati, Esq.
Last updated on February 4, 2024.
