Motorcycle accidents are often far more devastating than car accidents. Riders lack the protection of a vehicle frame, airbags, and other safety features, which makes injuries more severe and recovery more difficult. While medical bills and lost wages are relatively straightforward to calculate, placing a value on the physical pain, emotional distress, and overall disruption to a rider’s life is much more complex. This is where our Raleigh, NC motorcycle accident lawyer becomes invaluable.
What Are Pain And Suffering Damages?
Pain and suffering damages fall under the category of “non-economic damages.” Unlike medical expenses or property damage, they don’t come with receipts or invoices. Instead, they represent the physical discomfort, emotional anguish, mental stress, and loss of enjoyment of life that accident victims endure.
For example, a rider who suffers a broken leg may not only deal with the immediate pain of the injury but also with months of rehabilitation, an inability to ride, anxiety about getting back on the road, and even long-term physical limitations. These impacts deserve compensation, but putting a dollar amount on them requires legal skill and strategy.
Methods Lawyers Use To Calculate Pain And Suffering
1. The Multiplier Method
One of the most common approaches is the multiplier method. Here’s how it works:
- First, our lawyer adds up the victim’s actual economic damages, such as medical expenses and lost income.
- Then, they apply a multiplier—usually between 1.5 and 5—based on the severity of the injuries, length of recovery, and long-term impact.
For example, if a rider has $50,000 in medical bills and lost wages, and the injuries are serious enough to warrant a multiplier of 4, the pain and suffering damages could be valued at $200,000.
2. The Per Diem Method
Another approach is the “per diem” (per day) method. In this calculation, a daily dollar amount is assigned to the victim’s pain and suffering. Our lawyer then multiplies that number by the number of days the victim is expected to experience significant suffering.
For instance, our lawyer may argue that a rider’s pain and suffering is worth $250 per day. If the recovery period is 400 days, the damages would total $100,000.
3. Case-Specific Evidence
While formulas provide a baseline, our experienced motorcycle accident lawyers also rely heavily on the facts of each case. They gather medical records, testimony from doctors, mental health evaluations, and even statements from family members to show how the accident has affected the rider’s daily life. This evidence strengthens negotiations with insurance companies and helps juries understand the full extent of suffering.
Factors That Influence The Value
Several key elements affect the calculation of pain and suffering damages:
- Severity of the injuries (e.g., broken bones versus permanent paralysis).
- Length of recovery and whether the victim is expected to fully heal.
- Impact on lifestyle, including hobbies, relationships, and work.
- Emotional trauma, such as PTSD, anxiety, or depression following the crash.
- Credibility of the victim’s story, supported by medical experts and witnesses.
Why You Need A Motorcycle Accident Lawyer
Insurance companies often try to downplay or deny pain and suffering claims, offering settlements that only cover hard costs. Without a lawyer, many riders end up with far less than they deserve. Our skilled motorcycle accident lawyer knows how to document suffering, present compelling evidence, and negotiate aggressively for maximum compensation. At Burton Law Firm, we are here to help you.