How Do I Calculate Pain and Suffering in a Motorcycle Accident?

Motorcycle accidents cause serious physical injuries, but many victims also endure significant emotional and psychological distress. Victims can recover both economic damages, such as medical bills and lost income, as well as money for their pain and suffering.

Pain and suffering damages are subjective and often difficult to put a price on, but they can significantly affect the value of a motorcycle accident case. If you were hurt in a motorcycle crash, understanding the possible value of your intangible losses is crucial to recovering the money you deserve.

However, calculating pain and suffering in a motorcycle accident is complex. The best option is to work with a motorcycle accident lawyer who handles these cases regularly and can manage this for you.

Understanding Pain and Suffering Damages in a Motorcycle Accident

“Pain and suffering” refers to the non-economic damages a victim experiences due to an injury. These damages can include:

• Physical pain, such as pain from the initial injuries, chronic pain, and ongoing discomfort
• Emotional distress, including anxiety, depression, post-traumatic stress disorder (PTSD), and reduced enjoyment of life
• Scarring and disfigurement, which include any permanent injuries that alter your appearance, affect self-esteem, and could prevent you from enjoying previous activities

In most states, including California and Idaho, non-economic damages are considered a normal part of any personal injury claim. However, many states have no universal formula for calculating them. Each case is unique.

The insurance companies may use computer programs or formulas to try to assign a value, often minimizing the intangible effects of a crash. Juries may consider similar cases to determine what they should award.

Your attorney should assess your intangible losses based on multiple factors and determine a fair settlement range for your case, fighting to recover fair compensation for both your economic and non-economic damages.

What Factors Might Affect Pain and Suffering Compensation After a Motorcycle Crash?

Several factors can affect the pain and suffering damages awarded in a motorcycle collision and injury case. These factors could include:

• The Severity of Injuries: Catastrophic, life-altering injuries typically result in higher pain and suffering payouts.
• The Duration of Recovery: When victims require long-term rehabilitation, ongoing support, or have permanent injuries, they often receive larger pain and suffering settlements.
• The Effects on Daily Life: Serious injuries, especially those that cause new disabilities, can affect almost all aspects of life. When an injury affects work, hobbies, and relationships, a higher payout is expected.
• The Strength of the Evidence: Your attorney may present doctor’s reports, therapy records, expert testimony, and testimony from your loved ones to support your claims for pain and suffering damages.

Why Should You Work With a Motorcycle Accident Attorney to Assess Your Pain and Suffering Damages?

Since there is no universal formula used to calculate pain and suffering in a motorcycle crash, you will want to work with a personal injury lawyer who handles these cases frequently and understands how the process works in traffic accident cases.

It is in the insurer’s best interests to try to minimize how much they pay to settle claims. They may use several tactics to try to reduce or deny your payout, especially when it comes to intangible losses.

When you work with one of our motorcycle accident attorneys, we will:

• Free Case Review: Assess your legal rights and options to help you understand your case
• Hire Us: Make it easy to sign on for our legal team to represent you
• Case Plan: Investigate and gather compelling evidence to prove the extent of your suffering
• Medical Treatment: Ensure you receive the treatment and therapies you need, including for any emotional distress you suffer
• Negotiations: Negotiate with insurance companies to ensure a fair settlement
• Settlement: Manage the settlement process to secure the money you deserve
• Litigation: Advocate for you in court if a reasonable agreement is not possible

How Pain and Suffering Laws Could Affect Your Motorcycle Accident Case

Each state sets its own laws about how to handle pain and suffering. Some states put an upper limit on how much you can recover or limit the types of damages available. Consider how California and Idaho handle these damages differently.

• California: California does not have a cap on non-economic damages in most personal injury cases, including motorcycle accident claims.
• Idaho: Idaho does have a cap on intangible damages, which may limit compensation in some cases. However, exceptions exist and could apply depending on the details of your case.

Each state also sets its own deadlines for filing a lawsuit to pursue damages in these cases. Both California (CCP § 335.1) and Idaho (Idaho Statutes § 5-219) have two-year statutes of limitations for both injury and wrongful death lawsuits, but other states might only offer one year, while some have three or more years.

Missing this deadline would jeopardize your ability to recover economic or non-economic damages, so it is imperative you act quickly. Contact an attorney as soon as possible after your crash to ensure your rights are protected and you have the best chance at recovering maximum compensation.

Discuss Your Motorcycle Accident Pain and Suffering With Our Team

Pain and suffering damages are a crucial part of your motorcycle accident claim, but calculating them is complicated. Instead of trying to determine a settlement amount on your own and settling for less than you deserve, contact our team. We represent motorcycle accident victims in California and Idaho. We can handle your case while you heal.

At Sargent Law Firm Injury Lawyers, we have helped our clients win over $40 million in payouts, both settlements and trial verdicts. We have more than 400 5-star reviews. We provide a free, confidential consultation for motorcycle accident victims hurt in our area. Let us review your case and explain how we can help. Contact us today.