{"id":374850,"date":"2016-10-19T12:51:06","date_gmt":"2016-10-19T17:51:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nevada-law\/pain-and-suffering-damages-in-nevada.html"},"modified":"2018-12-19T18:34:26","modified_gmt":"2018-12-19T23:34:26","slug":"pain-and-suffering-damages-in-nevada","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nevada-law\/pain-and-suffering-damages-in-nevada.html","title":{"rendered":"Pain and Suffering Damages in Nevada"},"content":{"rendered":"\n
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Pain and Suffering Damages in Nevada<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

To some, Nevada is the land of Vegas excess: casinos, shows, and $100 steaks. To others, it\u2019s the land of skiing in Tahoe, followed by $5 hands of blackjack in a smoke-filled Reno casino. No matter your choice of recreation, however, there is a chance you\u2019ll slip on an icy slope or be the victim of a drunk driver struggling to command their vehicle after an all-night adrenaline and alcohol-fueled poker tournament. And with such accidents come questions of compensation, recovery, and caps possibly limiting your pain and suffering damages. The table and information below lay out everything you’ll need to know about pain and suffering damages in Nevada. <\/p>\r\n\r\n

Comparative Negligence<\/b><\/p>\r\n<\/td>\r\n

Plaintiff must not be more<\/i> at fault than the other party in order to recover. (Nev. Rev. Stat. 41.41<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Non-Economic Damages<\/b><\/p>\r\n<\/td>\r\n

None generally.<\/p>\r\n<\/td>\r\n<\/tr>

Medical Malpractice<\/b><\/p>\r\n<\/td>\r\n

Cap on non-economic damages set at $350,000. (Nev. Rev. Stat. 41A.035<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

What are Pain and Suffering Damages?<\/h2>\r\n

What are \u201cpain and suffering\u201d damages<\/a>? These damages account for the physical pain and emotional distress (or \u201canguish\u201d) that a person deals with after an accident or intentional harm by another person. The emotional portion of these damages often factors in depression, anxiety, loss of sleep, and other mental symptoms that accompany the pain of the physical injuries sustained. Because there is obvious calculable amount that corresponds to pain and suffering, these damages are considered non-economic (or \u201cgeneral\u201d) damages.<\/p>\r\n

Since they are so difficult to calculate, juries and judges weigh a variety of factors, including<\/p>\r\n