How Is Pain and Suffering Calculated in a Motorcycle Accident Case?

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Many factors go into calculating pain and suffering in a motorcycle accident case. For example, your personal injury lawyer will consider the pain and discomfort caused by your injuries and treatment protocol. They’ll also look at the emotional distress caused by changes forced upon your lifestyle due to your injuries.

However, because pain and suffering is a noneconomic (intangible) damage, you won’t have receipts or bills that prove its monetary value, making it difficult to calculate. A motorcycle accident lawyer in your area can explain how they use your medical records and written prognosis to calculate their value. They will also explain what constitutes pain and suffering. Finally, they’ll determine whether your state has damage caps that might limit this compensation.

The Importance of Your Medical Records and Prognosis Report

Your personal injury lawyer will obtain copies of your ongoing medical, therapy, and rehab records. They will also get a copy of your prognosis for recovery to understand the impact of pain and suffering on your life going forward.

Your medical records will chart your injuries, pain levels, and treatment plan. In addition, they will contain information on any prescribed pain medications, including their duration. Finally, they will include details about treatments and surgical procedures that increase your pain and discomfort.

Additional Documents and Evidence that Support Your Right to Pain and Suffering Compensation

Your legal team will build a compelling evidence file to help steer your case toward a settlement versus a trial. The evidence file might contain the following:

  • Employment records
  • Medication lists
  • Accident report
  • Medical referrals
  • Injury photos
  • Accident scene photos
  • Witness statements

Your lawyer will not burden you or your family with evidence collection. Instead, they will handle this daunting task for you so that you can focus on your physical recovery.

You Have a Limited Time to Recover Compensation

Your state will determine how much time you have to file a personal injury or wrongful death lawsuit after a motorcycle accident. For example, South Carolina sets a three-year deadline per S.C. Ann. § 15-5-530.

Failing to file your case on time could prevent you from compelling the at-fault driver to compensate you. So, get a lawyer involved in your case sooner rather than later. Doing so can ensure they have sufficient time to:

  • Conduct a thorough investigation
  • File your lawsuit within the allotted time
  • Protect your right to recover damages

There are additional benefits to meeting your state’s filing deadline. For instance, early involvement by a motorcycle accident lawyer also means they can speak to witnesses while their memories are vivid.

Additional Monetary Damages You Can Recover

In addition to pain and suffering, you could also recover the following noneconomic damages:

  • Disability and disfigurement
  • Loss of enjoyment of life
  • Loss of consortium
  • Mental anguish

You can also recover economic damages that include medical bills, lost wages, and property damage or destruction. Finally, if your family lost a loved one in a fatal motorcycle crash, your lawyer could file a wrongful death action on your behalf. It can help you recover the costs of their funeral and burial expenses and a host of additional losses.

Prove the At-Fault Driver’s Financial Liability

You must prove the at-fault driver’s negligence to pursue compensation for pain and suffering and other recoverable damages. That means proving they:

  • Owed you a duty of care
  • Breached their duty to you
  • Caused the accident
  • Caused financial damages

You do not have to document these elements of negligence alone. Instead, your motorcycle accident attorney will collect the required evidence on your behalf.

Additional Benefits of Hiring a Lawyer in Your Area

One of the primary benefits of hiring a motorcycle accident lawyer is their ability to handle the difficult parts of your case, including assigning a monetary value to your pain and suffering and other losses. In addition, a lawyer can protect you from accepting a speedy, yet flawed, settlement from a lowball offer.

Your lawyer will handle all case-related communication and take the mystery out of legal and insurance jargon. They will answer any questions and ensure you receive ongoing updates regarding the progress of your case. Finally, your attorney will handle settlement talks and represent you in court if necessary.

Call for Your Free Motorcycle Accident Case Review

If you or someone you love suffered injuries in a motorcycle collision, you could be entitled to recover a range of economic and noneconomic damages. Our personal injury lawyers will accurately calculate the value of your case. We will also explain how we calculate pain and suffering in a motorcycle accident case.

Learn more about how hard we go to bat for you by contacting one of our Schiller & Hamilton team members today.

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