Motorcycle accidents often result in devastating injuries, and those injuries can cause damages far beyond the physical trauma. When riders suffer crashes, they frequently experience significant pain and suffering that can last for months, years, or even a lifetime.
While medical bills and lost earnings can be calculated with relative precision, determining fair compensation for pain and suffering presents a more complex challenge. To determine how much your pain and suffering are worth, turn to a motorcycle accident lawyer in Creve Coeur for help.
What Does an Injured Rider’s Pain and Suffering Look Like
Pain and suffering represent the non-economic damages accident victims experience following an injury. Unlike economic damages such as medical expenses or property damage, pain and suffering do not have a clear and obvious financial value.
Pain and suffering may include several distinct challenges that impact a victim’s life in significant ways, such as:
- Physical pain from injuries and treatments
- Emotional distress
- Anxiety
- Depression
- Loss of enjoyment of life and activities
- Sleep disturbances
- Fatigue
- Post-traumatic stress disorder (PTSD)
- Scarring and other types of disfigurement (head and facial injuries are a concern among riders, and these injuries can cause substantial disfigurement)
- Impact on personal relationships
- Embarrassment from visible injuries
These damages represent real suffering that deserves compensation, even though they cannot be easily quantified with receipts or invoices. Motorcycle accident victims often experience these impacts more severely than car accident victims due to the greater exposure and risk of catastrophic injury inherent to motorcycle riding.
Why Motorcycle Accidents Result in Higher Pain and Suffering Awards
Motorcycle accident victims typically receive higher pain and suffering compensation than those involved in other vehicle accidents. This disparity stems from several factors unique to motorcycle crashes that impact the severity and duration of the suffering experienced.
Several distinctive aspects of motorcycle accidents contribute to higher pain and suffering valuations:
- Lack of physical protection compared to enclosed vehicles
- Direct bodily impact with roadways and objects
- Higher incidence of road rash requiring painful treatments
- Increased risk of traumatic brain injuries
- Greater probability of multiple fractures
- More frequent need for surgical interventions
- Elevated risk of permanent disability
- Higher incidence of psychological trauma
Insurance companies and juries recognize these heightened risks, which often translate to higher compensation for the subjective suffering experienced by motorcycle accident victims. However, securing fair compensation requires thoroughly documenting both the physical injuries and their emotional impact.
Methods Used to Calculate Pain and Suffering
No standardized formula exists for calculating pain and suffering. However, insurance companies, attorneys, and courts typically employ several common methods to arrive at reasonable valuations in motorcycle accident cases.
The primary calculation methods used to determine pain and suffering compensation include:
- Multiplier Method: Economic damages multiplied by a factor based on severity
- Per Diem Method: Daily rate assigned and multiplied by recovery duration
- Precedent Approach: Similar past cases used as benchmarks
- Computer Analysis: Insurance algorithms assess multiple factors
- “Whole Person” Evaluation: Assessment of total life impact
- Severity Scaling: Pain levels are rated on numerical scales
- Life Impact Analysis: Documentation of activities victim can no longer enjoy
- Expert Testimony: Medical professionals provide opinions on pain
The multiplier method remains the most common approach, with more severe injuries warranting higher multipliers. For catastrophic motorcycle injuries, multipliers of 4 or 5 are not uncommon, while minor injuries with complete recovery might receive multipliers of 1.5 to 2.
Factors That Influence Pain and Suffering Valuations in Motorcycle Cases
Multiple factors affect how much compensation you may receive for pain and suffering following a motorcycle accident. Understanding these factors helps set realistic expectations and evaluate settlement offers more strategically.
Key factors that can impact pain and suffering valuations include:
- Injury severity and permanence
- Need for surgical interventions
- Injury-related complications, including but not limited to post-surgical complications
- Duration and intensity of pain
- Length of recovery period
- Visible scarring or disfigurement
- Impact on daily activities
- Effect on employment
- Psychological consequences
- Pre-existing conditions
- Quality of medical documentation
- The victim’s age and life stage
These factors interact in complex ways that require careful documentation and consideration. For example, the same physical injury might warrant higher compensation for a younger victim with more active years ahead or for someone whose profession or hobbies are particularly impacted by the specific limitations caused by their injuries.
Your attorney will understand how to accurately value your pain and suffering (and other damages) based on your unique circumstances.
Fatal Motorcycle Accidents Leave Survivors Enduring Severe Pain and Suffering
Motorcyclist deaths have seen a steady increase due to a constant uptick in total accidents. Riders are simply more exposed to injury and, therefore, more likely to die when involved in an accident.
Survivors affected by wrongful deaths face severe pain and suffering, which may include:
- Grief
- Depression
- Lost quality of life
- Loss of consortium
- Thoughts of self-harm
Rider deaths are almost always preventable. Carelessness by motor vehicle drivers and other at-fault parties means that these tragic deaths continue to happen. If you are affected by a fatal accident, hire an attorney as soon as possible to secure the compensation you deserve (for pain and suffering and other damages).
How Insurance Companies Attempt to Minimize Pain and Suffering Compensation
Insurance companies employ various tactics to reduce pain and suffering payouts in motorcycle accident claims. Recognizing these strategies is vital for protecting your right to fair compensation. Rather, let a lawyer handle these strategies, as they will recognize them right away.
Common insurance tactics your lawyer will be prepared for include:
- Downplaying injury severity
- Attributing symptoms to pre-existing conditions
- Arguing that the rider assumed risk by choosing to ride a motorcycle
- Questioning the medical necessity of treatments
- Highlighting treatment gaps as evidence that pain isn’t severe
- Using surveillance to contradict claimed limitations
- Pushing for a quick, lowball settlement
- Requesting insurer-selected medical examinations
- Challenging, subjective pain complaints
- Delaying proceedings in an attempt to force a settlement
These tactics make it especially important for motorcycle accident victims to have experienced legal representation on their side. A skilled attorney will anticipate these strategies and develop countermeasures to ensure fair compensation for real suffering.
Why Legal Representation Is Key If You Wish to Maximize Your Pain and Suffering Compensation
Attorneys with experience in motorcycle accidents provide multiple advantages that may significantly impact compensation amounts. A qualified motorcycle accident attorney’s benefits to you and your case may include:
- Experience valuing similar injuries
- Knowledge of effective documentation methods
- Access to credible medical experts
- Ability to counter insurance tactics
- Understanding of local courts
- Skill in presenting compelling narratives
- Strategic timing of settlement negotiations
- Resources to prepare for trial if necessary
- Knowledge of applicable laws
- Objectivity and confidence when evaluating offers
A lawyer brings much to the table. Above all, their service will allow you to focus on your recovery. This is far from the only benefit they will provide, but it is critically important.
A lawyer’s ability to complete accurate pain and suffering calculations, where subjective valuation leaves substantial room for negotiation and advocacy, is another noteworthy benefit they will deliver to you.
Your Lawyer Will Document Your Pain and Suffering in Great Detail
Thorough documentation can dramatically impact pain and suffering awards. Your attorney will help implement documentation strategies that strengthen your claim and justify higher compensation.
Effective methods for documenting pain and suffering can include:
- Maintaining a detailed pain journal
- Photographing visible injuries throughout the healing process
- Following all medical advice
- Obtaining detailed medical records
- Securing expert opinions about your injuries, treatment needs, and limitations
- Gathering family testimony about observed changes related to your pain and suffering
- Recording sleep disturbances
- Working with mental health professionals
- Documenting medications you have to take because of your pain and suffering
This documentation should create a compelling record that transforms subjective experiences into concrete evidence. When presented effectively by your attorney, this evidence makes your suffering tangible and justifies appropriate compensation.
The Impact of Liability Issues on Pain and Suffering Awards
Your lawyer will establish both fault and liability for your motorcycle accident. Fault generally refers to who caused the crash, while liability refers to who should pay for accident-related damages.
Some liability factors that can influence potential pain and suffering compensation are:
- Comparative negligence rules in your state
- Legality of lane splitting in your jurisdiction
- Helmet use laws (and compliance with those laws)
- Traffic violations by either party
- Witness perceptions of your riding
- Visibility factors and reflective gear usage
- Contributing road conditions
- Vehicle maintenance issues
- Substance use by any party involved in the crash
Your attorney will work to establish the other party’s maximum liability while defending against allegations that you contributed to the crash. This advocacy will be priceless, especially if liable parties choose to contest your case.
Settlement vs. Trial: Strategic Considerations for Pain and Suffering Claims
The decision between settling a motorcycle accident claim or proceeding to trial involves multiple strategic considerations. Understanding the implications of each path helps you make informed decisions with your attorney’s guidance.
Key considerations in deciding whether to settle or go to trial include:
- Predictability of settlement vs. uncertainty of jury verdicts
- Time required for resolution
- The potential emotional toll of testifying
- Privacy of medical and personal information
- The strength of the evidence
- Considerations related to local courts
- A judge’s history with cases similar to yours (and pain and suffering awards in particular)
- Your unique financial needs and pressures
- Insurance policy limits
- How insurance companies and any other liable parties handle negotiations
- Potential for punitive damages
While most cases settle before trial, a lawyer’s willingness to proceed to court may lead to higher settlement offers for you. Your attorney will help evaluate all settlement offers, explain whether they are fair, and help decide whether to go to trial.
Your Attorney’s Role in Building a Compelling Pain and Suffering Case
An experienced motorcycle accident attorney employs multiple strategies to maximize pain and suffering compensation for riders, which may include:
- Crafting detailed demand letters that vividly describe the impact of injuries
- Developing compelling visual presentations that illustrate the rider’s pain and suffering
- Preparing clients for depositions to effectively communicate their experiences
- Selecting persuasive medical experts to testify about pain mechanisms
- Creating day-in-the-life videos demonstrating how injuries affect daily activities
- Identifying the most effective jury selection strategies for pain and suffering cases
- Preparing family members to testify about observed changes in the victim
- Countering testimony from the defense’s experts
- Using medical literature to establish the scientific basis for pain complaints
- Demonstrating how specific injuries uniquely impact the victim’s lifestyle
These are just some of the ways an attorney may assist. Expect them to advise you, answer your questions, protect you from those who challenge your case, and ensure you get the medical care you need. They will be your passionate advocate at a time when you need exactly that.
The difference between average and excellent legal representation can amount to tens or hundreds of thousands of dollars in pain and suffering compensation. Don’t go it alone. Let a motorcycle accident lawyer help.
Hire a Lawyer Without Paying Any Out-of-Pocket Fee
Motorcycle accident lawyers do not typically ask for upfront compensation from their clients. Instead, the firm pays for all case-related costs, and the attorney only receives a fee if they secure compensation for their client.
This fee structure should further encourage you to hire a lawyer because:
- There is no out-of-pocket risk in hiring an attorney.
- All the pressure is on your attorney to secure the compensation you deserve—if they do not succeed, they do not get paid for their effort.
- Your law firm will have ample reason to put resources into your case.
This contingency fee structure puts you and your lawyer squarely on the same page.
Find a Motorcycle Accident Lawyer Today
Pain and suffering represent a substantial component of motorcycle accident compensation, often exceeding the value of economic damages, particularly in serious injury cases. While no amount of money can truly compensate for severe physical pain and emotional trauma, fair financial recovery provides resources for improving quality of life and acknowledging the real suffering experienced.
Complete free consultations with personal injury attorney serving your area. Hire a firm whose record you are confident in and whose team you feel a strong chemistry with.
A.J. Bruning
Founder
I was born and raised to represent individuals who have been needlessly injured. I mean that literally. At a young age my father would tell me about the clients he was representing. I would meet them and take pride in their admiration of my father. I always knew I wanted to be a lawyer and represent clients that needed my help.
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