A motorcycle accident can be a traumatic experience, both physically and emotionally. You can also incur extensive financial losses in the days, weeks, and months following the crash. If you or a loved one has been injured in a motorcycle accident, you may be wondering how much your pain and suffering are worth in a personal injury claim.
While it is difficult to put a monetary value on the physical and emotional toll of an accident, the court considers various factors to determine the value of pain and suffering. These may include the severity of your injuries, the impact on your daily life, and the duration of your recovery.
Always seek legal advice from an experienced motorcycle accident attorney. Contact an attorney near you to discuss the specifics of your case and begin seeking the compensation you deserve, including for your pain and suffering.
Pain and Suffering in a Motorcycle Accident Claim
In personal injury claims, pain and suffering refers to the physical and emotional distress that a victim experiences as a result of the accident. Some injuries cause pain and suffering for a week or two. At the other end of the pain and suffering spectrum is total paralysis or another permanent injury requiring a lifetime of medical interventions.
Pain and suffering can manifest in various forms, including the following.
Scarring or Disfigurement
The visible marks left by a motorcycle accident can have long-lasting effects on a person's self-esteem and quality of life.
Physical Pain
Motorcycle accidents often result in severe injuries, such as broken bones, spinal cord injuries, or traumatic brain injuries, which can cause significant physical pain.
Mental Anguish
The emotional impact of a motorcycle accident can be overwhelming, leading to anxiety, depression, or post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life
If the accident causes permanent disabilities or limitations, the victim may no longer engage in activities they once enjoyed.
Fear or Worry
The traumatic experience of a motorcycle accident can instill a deep-seated fear of riding or being on the road, making it challenging to resume a normal life.
Embarrassment
Visible injuries or disabilities resulting from a motorcycle accident may lead to feelings of embarrassment or self-consciousness.
Sleep Issues and Insomnia
The physical and emotional pain caused by a motorcycle accident can disrupt sleep patterns, leading to insomnia or sleep disorders.
Anxiety and Depression from Your Accident
The aftermath of a motorcycle accident can trigger anxiety and depression, affecting a person's overall well-being and quality of life.
Calculating the exact worth of pain and suffering in a motorcycle accident claim can be challenging. Unlike economic damages such as medical bills or lost income, pain and suffering are considered non-economic damages.
Common Motorcycle Accident Injuries
Motorcycle accidents can result in a range of injuries, some of which are more common in these types of accidents than car accidents. Your attorney will assess potential pain and suffering damages based on the nature and severity of your injuries.
Head Injuries
Head injuries, including traumatic brain injuries (TBIs), are common in motorcycle accidents due to the lack of protection for riders. These injuries can have long-term consequences and may require ongoing medical treatment.
Spinal Cord Injuries
Motorcycle accidents can cause severe spinal cord injuries, often resulting in partial or complete paralysis. These injuries can significantly impact a person's quality of life and lead to lifelong medical care needs.
Broken Bones
Fractures and broken bones are also common in motorcycle accidents. These injuries can range from simple fractures to complex breaks that require extensive medical interventions.
Road Rash
Road rash refers to the abrasions and scrapes that occur when a motorcyclist slides across the pavement after an accident. It can potentially lead to infection and scarring.
Soft Tissue Injuries
Sprains, strains, and bruises are common soft tissue injuries in motorcycle accidents. Even if a soft tissue injury does not have long-term consequences, it can still cause significant pain and discomfort.
Limb Injuries
Motorcycle accidents frequently result in limb injuries, such as fractures, dislocations, or amputations. These injuries often require surgeries and prolonged rehabilitation.
Internal Injuries
The impact of a motorcycle accident can cause internal injuries, such as organ damage or internal bleeding. These injuries may not be immediately apparent and can have severe long-term effects if left untreated.
Why Pain and Suffering is Hard to Measure
Putting a monetary value on pain and suffering is complicated for several reasons. First, pain and suffering are subjective experiences and can vary greatly from person to person.
It Depends on the Person
What may be tolerable for one individual may be unbearable for another. Additionally, pain and suffering may not be immediately apparent or quantifiable. It may take time for the full extent of the physical and emotional damages to become evident.
No Objective Criteria
Another challenge in measuring pain and suffering is the lack of objective criteria. Economic damages, such as medical bills and lost earnings, can be easily quantified. However, pain and suffering are intangible and do not have a clear price tag.
Determining a fair value requires careful consideration of the individual's unique circumstances, the impact on their daily life, and often expert assessment.
A Huge Daily Impact
However, despite the challenges, pain and suffering are essential components of a personal injury claim. They recognize the non-economic impact of the accident on the victim's well-being and provide compensation for the physical and emotional distress endured.
Enlisting the help of a motorcycle accident lawyer is crucial in evaluating the value of pain and suffering in your claim. An experienced attorney can assess the severity of your injuries, gather evidence, and handle negotiations to ensure you receive fair compensation.
How Can I Seek Compensation for Pain and Suffering?
If you have experienced pain and suffering as a result of a motorcycle accident, you may be entitled to compensation. Seeking legal assistance from a motorcycle accident attorney is the first step in pursuing a claim for pain and suffering. Here are some ways you can seek compensation:
Insurance Claims
If another driver's negligence caused the accident, you can file an insurance claim with their insurance company. Filing an injury claim allows you to seek compensation for your pain and suffering, as well as economic damages. Your attorney can handle the claims process and ensure you seek fair compensation for your pain and suffering.
Personal Injury Lawsuit
If insurers refuse to make a fair settlement offer for your pain and suffering, your motorcycle accident lawyer can file a personal injury lawsuit in civil court to escalate the matter. They will handle all litigation procedures and represent your interests in court if necessary.
Wrongful Death
In tragic cases where a motorcycle accident results in the death of a loved one, state laws allow for wrongful death claims that include recovery for pain and suffering endured by the deceased before their passing.
It's important to note that each state has its own laws and regulations regarding personal injury claims. Consulting a motorcycle accident attorney in your jurisdiction is crucial to understand the specific legal processes and requirements.
Motorcycle Accidents — Things You Must Know
The United States had over 6,000 motorcycle accident deaths in one recent year. The total number of motorcycles registered to U.S. owners has grown over the past decade, a scenario that has only increased the number of accidents happening.
The following are some key facts related to motorcycle crashes:
Long-Term Injuries
Motorcycle accidents are more likely to result in long-term injuries than car accidents. Sadly, almost 80 percent of motorcycle accidents result in injury or death, with a higher risk of severe or disabling injuries.
Lack of Safety Features
Motorcycles lack the safety features of cars, such as airbags and seat belts. This leaves riders more vulnerable to injuries in an accident.
Distracted Drivers
Distracted driving is a leading cause of motorcycle accidents. Drivers who are not fully attentive to the road may fail to notice motorcyclists, increasing the risk of collisions and serious injuries.
Duty of Care
Other drivers have a legal duty of care to fellow road users, including motorcyclists. If a driver breaches this duty and causes an accident, it may be a strong reason to consult a motorcycle accident lawyer.
By understanding these factors, motorcycle riders can better protect their rights and seek appropriate compensation if they are involved in an accident resulting in pain and suffering.
Are You Still Suffering After a Motorcycle Accident?
Even after the initial physical injuries have healed, many motorcycle accident victims continue to suffer. The impact of the accident can result in ongoing pain, emotional distress, and reduced quality of life.
Hypothetically, you may be suffering from symptoms such as migraines, brain fog, chronic pain, or emotional distress. These conditions can significantly impact your daily life and make it difficult to regain a sense of normalcy.
A motorcycle accident attorney is instrumental in helping victims regain their dignity and seek the compensation they deserve for their pain and suffering. They will assess the extent of your injuries, gather supporting evidence, and advocate for your rights throughout the legal process.
Why Consulting a Motorcycle Accident Lawyer Will Help You
Consulting a motorcycle accident attorney is essential when seeking compensation for pain and suffering. Here are some ways in which an attorney can support you:
Litigation Support - If negotiations with insurance companies are unsuccessful, a lawyer will be prepared to take your case to court and advocate for your rights before a judge and jury.witnesses to recreate the accident, especially if the insurance company is trying to blame the victim.
Understanding Your Rights - A motorcycle accident attorney will explain your legal rights and guide you through the legal process.
Gathering Evidence - An attorney will collect and analyze evidence related to your accident, including medical records, accident reports, and witness statements, to build a strong case.
Negotiating with Insurance Companies - Insurance companies are notorious for attempting to minimize claim payouts. An attorney will handle all negotiations on your behalf, ensuring you receive fair compensation for your pain and suffering.
Determining the Value of Your Claim - Assessing the value of pain and suffering requires experience and knowledge of legal standards. An attorney will evaluate the impact of your injuries on your life and calculate an appropriate compensation amount.
Insurance Companies Often Overlook Pain and Suffering
Insurance companies are primarily focused on minimizing their financial liability. As a result, they often overlook or undervalue pain and suffering in motorcycle accident claims. Their primary goal is to settle claims for as little as possible.
Common techniques used by insurance companies to minimize pain and suffering compensation include:
Lowball Offers
Insurance adjusters may offer settlements that do not adequately reflect the true value of your pain and suffering, hoping you will accept a lower amount.
Delays and Stall Tactics
Insurance companies may delay the claims process, hoping you will become frustrated or desperate for a quick resolution and agree to a lower settlement.
Dismissing or Denying Claims
Insurance companies may attempt to dismiss or deny your claim altogether, arguing that your pain and suffering are not significant or are not directly related to the accident.
Facing these tactics can be challenging without the experience of a motorcycle accident attorney. An attorney will protect your rights, negotiate on your behalf, and ensure you receive fair compensation for your pain and suffering.
Call a Motorcycle Accident Attorney Today
If you or a loved one has suffered pain and suffering as a result of a motorcycle accident, it is crucial to consult an experienced motorcycle accident lawyer. They will provide the legal guidance and support needed to pursue fair compensation.
Seeking proper compensation for pain and suffering can be difficult, and each state has its own laws and regulations. By contacting an attorney near you, you can discuss the specifics of your case and take the necessary steps to secure the compensation you deserve.
Seeking legal help does not have to be a financial burden. Most motorcycle accident attorneys work on a contingency fee basis, meaning they only get paid if they win your case.
This allows victims to access the legal representation they need without worrying about upfront costs.
Contact a motorcycle accident lawyer today to protect your rights and begin the process of seeking the compensation you deserve.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
Author's Bio