How to Calculate Pain and Suffering From a Motorcycle Accident

Nearly 5,000 people die in motorcycle crashes every year. If you sustained a motorcycle accident injury, don’t hesitate to call for help. Your motorcycle accident injury attorney can help you fight for compensation.

You can use the winnings from your lawsuit to cover your medical bills and property damages.

Before you can fight for compensation, you’ll need to calculate your losses, including your pain and suffering. How do you calculate pain and suffering, exactly? Keep reading to find out.

Understanding how to calculate your losses will ensure you receive the compensation you deserve. Otherwise, you might leave money on the table.

Make your case and maximize your claim. Discover how to calculate pain and suffering with this guide today.

What is Pain and Suffering?

Pain and suffering is a legal term used to define physical and emotional trauma after an injury or accident. After a motorcycle crash, pain and suffering can include lingering effects on your mental wellbeing. It can also describe physical aches and pains from your motorcycle accident injury.

These physical pains can include injuries that aren’t usually covered by typical medical claims, including:

• Post-traumatic stress disorder
• Insomnia
• Anxiety

You might find it difficult to work as a result of a motorcycle accident injury as a result.

Before you calculate pain and suffering, it’s important to note that the amount can vary on a case-by-case basis. About 84,000 motorcyclists were injured in the span of a single year. Not everyone’s injuries or pain and suffering were the same, though.

The amount of money you can receive for pain and suffering depends on the evidence you gather. It’s important to have an experienced motorcycle accident injury lawyer at your side. They could help maximize your claim.

The evidence they gather can prove any lasting effects you’re experiencing as a result of the accident.

Proving Pain and Suffering

How do you prove pain and suffering, exactly?

It’s often difficult to prove pain and suffering, especially if you lack experience. With that in mind, it helps to hire an experienced motorcycle accident injury attorney. They can use previous cases and the evidence they gather to calculate your losses.

Working with a lawyer could prove valuable to your case. They can improve your chances of gaining the full amount of compensation you deserve.

In order to prove your pain and suffering, your lawyer will show how your life has changed since the accident. Your lawyer will guide you through this process.

For example, they might gather evidence to prove your suffering, including documents like:

• Expert witness testimonials
• Psychological evaluations
• Medical records
• Photos and video footage

You can talk with your motorcycle accident injury attorney to develop a strategy that’s ideal for your case.

Recovering Compensation After a Motorcycle Accident

Experiencing a motorcycle accident can be overwhelming, especially when dealing with the aftermath, including injuries, property damage, and lost income. One of the critical steps in this process is fighting for compensation by proving that another party was liable for the accident. This requires demonstrating that their negligence directly caused your injuries and other damages.

How to Prove Negligence in a Motorcycle Accident

To build a strong case, your motorcycle accident lawyer will begin with a thorough investigation, collecting key evidence that highlights the other driver’s fault. Some of the primary areas they focus on include:

• Medical Expenses: This includes all your medical bills, treatments, and medications required due to the accident.
• Property Damage: Costs related to repairs or replacements for your motorcycle and essential safety gear like your helmet.
• Lost Wages: Any loss of income due to the inability to work while recovering.

These factors play an essential role in calculating the potential compensation. Based on the evidence, your lawyer will pursue a claim or lawsuit to recover these damages.

Q&A: Why Do I Need a Lawyer to Handle My Insurance Claim?

Q: Can I negotiate directly with the insurance company?
A: Although you can, it’s generally not advisable. Insurance companies often aim to minimize payouts and may even use what you say against you. Without fully understanding your potential losses, you risk accepting a lowball offer. Working with an experienced lawyer ensures that your rights are protected and that you don’t miss out on any compensation you deserve. ABC7 reports show that people often receive higher settlements with legal representation.

The Importance of Evidence in Negotiating Fair Compensation

Once your lawyer has gathered substantial evidence, they can negotiate directly with the insurance company on your behalf. This negotiation phase is crucial; insurers use various methods to determine recoverable damages, and without a clear calculation of your losses, you might receive less than you’re entitled to. Your lawyer will advocate for a fair settlement based on the extent of your injuries, property damage, and lost income.

In some cases, if the insurer fails to offer a reasonable amount, your lawyer may recommend taking the case to court. Trials can ensure you receive the compensation that matches the damages suffered. According to recent data, successful court cases often yield better outcomes for victims of motorcycle accidents. For more on these trends, check out the latest studies on NBC LA and Fox11.

Protect Your Rights with Legal Representation

Hiring an experienced motorcycle accident lawyer gives you the advantage you need to recover fair compensation. From investigating evidence to negotiating with insurers, they will guide you every step of the way, allowing you to focus on your recovery.

Non-Economic Damages

Some damages, like damage to your bike or helmet, are easy to calculate. Helmets are about 37% effective in preventing motorcycle deaths. They’re also 67% effective in preventing brain injuries.

Other damages, however, are more difficult to place a dollar amount to. These damages can include humiliation, a damaged reputation, or worsening of prior injuries. Your motorcycle accident injury lawyer will consider these non-economic damages during your case.

Pain and suffering are non-economic damages as well. Other potential damages might include:

• Disfigurement, scarring, or disabilities
• Inconvenience
• Loss of consortium or companionship
• Loss of enjoyment of life
• Anxiety of depression
• Grief
• Post-traumatic stress disorder
• Mental anguish or emotional distress

“Pain and suffering” is sometimes used as a catch-all phrase to describe the above damages. This term refers to physical or emotional distress from your motorcycle accident injury.

Calculating Pain and Suffering in Motorcycle Accident Claims

When dealing with a motorcycle accident claim, calculating pain and suffering is a critical component of determining fair compensation. Consulting a skilled motorcycle accident injury lawyer is essential, as they can guide you through the process to ensure you don’t miss out on deserved compensation. Relying solely on the insurance company’s calculations can lead to an undervaluation of your claim. This article provides insight into the methods often used for calculating pain and suffering, along with the risks of relying solely on insurance estimates.

Why Relying on Insurance Calculations Might Undermine Your Claim

Insurance companies frequently use complex algorithms and computer programs to estimate pain and suffering. However, these automated calculations may not accurately capture the depth of your experience or the severity of your injuries. A computer’s formula-driven approach often overlooks the individual impact of pain and suffering, leaving you at risk of accepting compensation that doesn’t reflect the true value of your experience. For more information on the challenges of dealing with insurance companies in injury cases, refer to NBC LA’s report on injury claim issues.

The data points used by insurance companies are often based on past settlements or daily rates from medical specialists involved in treating similar injuries. While this data-driven approach may seem logical, it often fails to capture the unique elements of each injury. If your compensation is based solely on historical data, it may not account for factors like prolonged recovery time, psychological impact, or ongoing discomfort from your motorcycle accident.

The Two Primary Methods for Calculating Pain and Suffering

There are two main methods for calculating pain and suffering: the multiplier method and the per diem method. Here’s a breakdown of how each one works:

• Multiplier Method: This approach multiplies the actual damages (such as medical bills) by a number, usually between 1.5 and 5, based on the severity of your injuries. For example, if your medical bills totaled $5,000 and a multiplier of 3 is applied, your pain and suffering damages would be valued at $15,000. The multiplier reflects the severity of your injury and its impact on your life.

• Per Diem Method: This method assigns a daily rate to your pain and suffering, often based on your daily income or another reasonable amount, and multiplies it by the number of days you are expected to experience pain. For instance, if a rate of $200 per day is assigned and you are expected to endure pain for 90 days, your pain and suffering compensation would be $18,000.

These methods are not foolproof, and relying on an attorney to help choose the most appropriate approach for your situation can be crucial. For a more detailed look at factors that can influence pain and suffering calculations, Fox 11 provides insights on handling personal injury claims.

FAQs on Calculating Pain and Suffering in Motorcycle Accidents

Q: Why should I consult a lawyer instead of relying on the insurance company’s calculation?
A: Insurance calculations are often formula-based, lacking the nuance required to evaluate your unique situation. An experienced lawyer will consider the full impact of your pain and suffering to pursue a fairer compensation amount.

Q: How is the multiplier determined in the multiplier method?
A: The multiplier is based on the severity of your injuries, with higher numbers used for severe injuries and longer-lasting impacts. An attorney can help assess this value based on the specifics of your case.

Q: Is it possible to use both the multiplier and per diem methods?
A: In some cases, a combination of both methods may be appropriate. Consulting with a legal professional will help determine which approach, or combination, best suits your case.

The Multiplier Method

With the multiplier method, all economic damages have a dollar amount attached to them. These damages are then added up and multiplied by a number between 1.5 and 5.

The multiplier is determined based on the:

• Disruption to your daily life
• Permanency of your injuries
• Seriousness of your involved injuries
• Potential that you’ll experience problems in the future
• Diagnosis and treatment by your physicians/specialists
• Length of your recovery time
• Clear liability for the motorcycle accident

Unfortunately, the multiplier method doesn’t consider different people with the same injuries could have different levels of susceptibility.

The Per Diem Method

With the per diem method, you can earn money for each day of your recovery. An amount is chosen for the per diem. The amount of money you gain usually considers your daily wages.

For example, let’s say you make $100 at work every day. If the doctor says you’ll need to spend 30 days recovering, you’ll receive $3,000 in damages.

You’ll have a higher per diem if you sustained severe or traumatic injuries. It’s possible your injuries resulted in therapy, surgery, or significant disruption to your life.

Strengthening Your Claim

There are a few ways you can strengthen your motorcycle accident injury claim.

First, make sure to visit a doctor immediately after your motorcycle crash. Only a doctor can assess your physical health after the accident. Your motorcycle accident injury lawyer will use the doctor’s report when building your case.

Make sure to follow the doctor’s instructions. Let your lawyer know if there are any changes to your health after your initial appointment.

It’s also important to follow up with your doctor. Otherwise, the insurance company might argue there was a gap in your treatment.

A gap in treatment can occur if:

• You wait too long after the accident to seek treatment
• You seek treatment from a doctor after the accident but don’t follow up

A gap in treatment can make it seem like your injuries aren’t as serious as you claim. Instead, make sure to schedule follow-up appointments with your doctor. If you notice any changes in your symptoms, let them know.

Some patients visit a mental health professional or keep a journal as well. Recording any changes in your well-being could strengthen your case.

For example, you might start having a difficult time sleeping after the crash. Its possible anxiety is making it difficult for you to sleep. A lack of sleep could cause other health issues, including an inability to concentrate or weight gain.

Representation

Hiring an experienced motorcycle accident injury attorney could impact your claim, too.

Remember, the insurance company will want to grant you as little as possible. Your lawyer can argue on your behalf. They’ll ensure you don’t settle for less.

Look for a lawyer with years of experience in motorcycle accidents. They’ll understand the laws, procedures, and cases that are relevant to your claim. They’ll use their prior experience to build your lawsuit.

Their prior experience could help them determine how to best calculate your pain and suffering.

An experienced lawyer will know how to best handle the insurance company, too. With their help, you won’t have to worry about leaving money on the table.

Maximize Your Claim: How to Calculate Pain and Suffering After a Motorcycle Accident

Don’t leave money on the table while you’re healing from a motorcycle accident injury. Instead, hire a motorcycle accident injury attorney you can trust. They’ll calculate pain and suffering for you.

With their help, you can maximize your claim and get back to your life.

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Contact us today for a free case evaluation.