Can you sue for pain and suffering after a car accident? Absolutely. Especially, if the injury was from a car accident caused by a negligent driver in Nevada, as the impact on your life can be immediate, painful, and overwhelming. Not only do you face major medical bills, but you may also endure emotional distress and ongoing disruptions to your daily life. Are you a crash victim? Contact us at Howard Injury Law (702) 331-5722 or fill out our 24/7 web form.
In Nevada, the state law allows you to seek damages for pain and suffering, so you can pursue compensation that goes beyond your medical expenses. Understanding how these claims work will help you protect your rights and pursue the full recovery you deserve.
What Is Pain and Suffering in a Car Accident Claim?
“Pain and suffering” refers to both the physical pain and emotional distress you experience because of your injuries. These non-economic damages are often harder to measure, but they can deeply affect your quality of life.
Examples of physical pain:
- Chronic back or neck pain
- Soft tissue injuries, like whiplash
- Fractures or broken bones
- Nerve damage
- Traumatic brain injuries (TBIs)
- Internal injuries requiring surgery
Examples of emotional distress:
- Post-traumatic stress disorder (PTSD)
- Anxiety or fear of driving
- Depression or mood changes
- Sleep disturbances and nightmares
- Loss of enjoyment in daily life or hobbies
- Isolation or withdrawal from social activities
Even if your injuries aren’t visible, your suffering could still be significant. The law recognizes this—and so should your compensation.
Sue for Pain and Suffering After a Car Accident in Nevada?
Yes, Nevada allows personal injury victims to file a claim for both economic damages and non-economic damages, like pain and suffering, following a car accident.
The law does not place a cap on the amount you can recover unless your case involves medical malpractice. This makes Nevada one of the more favorable states for victims seeking full compensation for both physical and emotional harm after a car crash.
How Is Pain and Suffering Calculated?
Insurance companies and attorneys use several methods to estimate pain and suffering damages. While they aim to assign a dollar amount, each case is unique. The value of your personal injury case depends on a range of factors, including:
1. Multiplier Method
Insurers multiply your economic damages (such as medical bills and lost wages) by a number between 1.5 and 5. The more serious and long-lasting the injury, the higher the multiplier.
🔹 Example: If your medical expenses are $10,000 and the injury is severe—with long-term impacts—you could claim $30,000 to $50,000 in pain and suffering damages.
2. Per Diem Method
This approach assigns a specific dollar value to each day you experience pain and emotional hardship.
🔹 Example: If you’re assigned $150/day for 180 days, your pain and suffering could be valued at $27,000.
3. Jury Valuation
If your case goes to trial, juries will decide what’s fair based on your experience. They won’t use a set formula but instead consider your credibility and the suffering’s impact on your life.
What Evidence Can Help Prove Pain and Suffering?
Insurance companies won’t just take your word for it. You need strong documentation to support your claim. Here’s what helps:
✅ Medical Records
- Visit a doctor right away and follow through with treatment
- Maintain detailed records of tests, diagnoses, medications, and therapies
✅ Personal Journal
- Log your pain levels, emotional state, mobility issues, and daily challenges
- Consistency shows that your suffering is real and ongoing
✅ Photographs & Videos
- Visual documentation of your injuries and recovery journey
- Rehab and therapy sessions can highlight the effort required for recovery
✅ Witness Statements
- Testimony from family, friends, or co-workers can illustrate how your lifestyle has changed
✅ Expert Opinions
- Doctors and mental health professionals can provide clinical insight into your physical and emotional health
✅ Avoid Social Media Posts
- Stay off social platforms during your case; any post showing you active or happy could be used to downplay your pain
Who Pays for Pain and Suffering?
Who pays for the medical bills? In Nevada, the at-fault party’s insurance company is typically responsible for covering your damages, including pain and suffering. However, they rarely offer the full amount without a fight.
The following parties may be held liable:
- Another driver
- The driver’s employer (if they were working)
- Rideshare or delivery companies
- Vehicle manufacturers (in case of a defect)
- Government entities (if poor road conditions caused the crash)
If you are partially at fault, Nevada’s modified comparative negligence rule still allows you to recover damages—as long as you are less than 51% responsible. Your award will be reduced by your percentage of fault.
Is There a Limit to Pain and Suffering Damages?
Generally, no—except for medical malpractice claims.
Key facts:
- Most car accident claims have NO cap on pain and suffering damages.
- In medical malpractice cases, Nevada imposes a cap of $510,000 on non-economic damages, as of 2025.
How Long Do I Have to File a Pain and Suffering Lawsuit?
In Nevada, you must file your personal injury or car accident claim within two years from the date of the accident. Failing to file on time could prevent you from recovering any compensation.
Real-World Example
Let’s say you suffer a leg injury in a Las Vegas car crash. You undergo surgery and five months of physical therapy. Your out-of-pocket damages total $15,000. During your recovery, you’re unable to walk without support, miss multiple family events, and develop anxiety about driving.
Using the multiplier method (×3), your estimated pain and suffering could reach $45,000, bringing your total claim value to $60,000. With proper documentation and legal support, you’ll have a much stronger case to recover that amount.
Hire a Las Vegas Car Accident Attorney
Insurance companies are trained to reduce payouts, especially for subjective claims like pain and suffering. Hiring an experienced Las Vegas personal injury attorney gives you an advocate who knows how to strengthen your case, deal with insurance adjusters, and take legal action when necessary.
At Howard Injury Law, we’ve helped hundreds of car accident injury victims recover damages for pain and suffering. Using strategic negotiation and aggressive representation, we fight to ensure you’re compensated for what you’ve been through.
Contact Us for Help With Pain and Suffering Claims
Nevada law protects your right to full financial recovery—including compensation for the pain, trauma, and disruption you’ve endured. Don’t let insurance companies minimize your experience. At Howard Injury Law, we expertly guide you through the legal process as your dedicated personal injury lawyer in Las Vegas. From the initial FREE consultation to the resolution of your case, our experienced car accident attorneys or personal injury lawyers serve Nevada, California, Colorado, and Arizona, and are committed to providing comprehensive support and representation. We understand the complexities and challenges that come with personal injury claims, and we’re here to ensure that your rights are protected every step of the way. Call or fill out our free online form!
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