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
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.
In order to fight for compensation after a motorcycle accident, you’ll need to prove another party was liable. You’ll need to prove their negligence caused your injuries and other damages.
Your motorcycle accident injury lawyer can start an investigation and begin collecting evidence. Their evidence can help prove the other driver’s negligence caused the crash. They’ll consider your:
- Medical bills, treatments, and medications
- Property damages to your bike and helmet
- Lost wages
These factors can all help calculate your compensation. Then, your lawyer will try to recover some or all of these damages by filing a claim or lawsuit.
They can also negotiate with the insurance company to ensure you obtain a fair settlement.
It’s important that you not negotiate with the insurance company alone. The insurance company will try to pay you as little as possible. They might use something you say against you as well.
They could make a lowball offer, too. If you haven’t calculated your losses, you might not realize you’re leaving money on the table.
Insurance companies use different methods to determine the dollar amount for recoverable damages. If your lawyer doesn’t think they’re paying a sufficient amount for the damages you suffered, the case might go to court.
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
- Loss of consortium or companionship
- Loss of enjoyment of life
- Anxiety of depression
- 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
Make sure to speak with a motorcycle accident injury lawyer to calculate your pain and suffering. They’ll make sure you don’t leave money on the table. Otherwise, you might have to rely on the insurance company’s calculation.
Most insurance companies use complicated computer programs to calculate pain and suffering. Unfortunately, these numbers aren’t always accurate. Relying on the insurance company could impact your compensation total.
For example, the insurance company might look at the daily rate of the medical specialist who treated your motorcycle accident injury. Others will look at what they paid in the past for people with similar injuries.
There are two methods that are often used to calculate pain and suffering: the multiplier and per diem methods.
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.
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.
Searching for lawyers you can depend on? We’re here to help.
Contact us today for a free case evaluation.