How is Pain and Suffering Calculated in a Motorcycle Accident Claim?

Experiencing a motorcycle accident can lead to significant physical pain and emotional distress, often referred to as “pain and suffering” in legal terms. This FAQ explores how pain and suffering are evaluated and compensated in a motorcycle accident claim.

Understanding Pain and Suffering

In the aftermath of a motorcycle accident, victims often endure physical injuries and emotional and psychological trauma. Pain and suffering encompass these non-economic damages:

• Physical discomfort and pain
• Emotional distress, anxiety, and depression
• Diminished quality of life
• Loss of companionship or consortium

Calculating Pain and Suffering

There are generally two methods to calculate pain and suffering damages: the multiplier method and the per diem method.

The Multiplier Method

The multiplier method involves multiplying the victim’s actual economic damages (like medical bills and lost wages) by a certain number based on the severity of the injuries.

Factors that can affect the multiplier include:

• The severity of the injuries
• Impact on daily life
• Length of recovery
• The long-term or permanent physical or mental impact

The Per Diem Method

The “per diem” or “daily rate” method assigns a specific dollar amount every day from the accident until you reach maximum recovery.

The challenging part is determining a reasonable daily rate. One common approach is to use your daily earnings, arguing that your suffering is worth at least what you earn each day at work.

Pain and Suffering Caps

Some states impose caps or limits on the amount you can recover from pain and suffering. These caps vary widely, and some states don’t have them.

Importance of Documentation

Thorough documentation can strengthen your claim. This can include:

• Medical records detailing the nature and extent of your injuries
• Photos of your injuries
• Personal journals documenting your physical pain and emotional state
• Testimony from family, friends, or a mental health professional about your suffering and its impact on your life

Legal Assistance

Evaluating pain and suffering in a motorcycle accident claim can be complex. A skilled attorney can help assess and quantify your pain and suffering. Remember that an insurance company will likely try to diminish your pain and suffering and argue that your claim is worth less.

Contact The Ruth Law Team

While the legal process may be daunting, remember that the aim is to obtain the full and fair compensation you deserve. To navigate these complexities, contact The Ruth Law Team at (888) 783-8378. Our experienced attorneys are here to support and guide you. You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers to each question may vary depending on the specific facts of your case. It is always prudent to consult with an attorney to get more accurate information. This is general information, not legal advice.