If you suffered extensive injuries in a motorcycle accident, you could be entitled to various types of compensation, including non-economic damages, such as pain and suffering. In general, attorneys and insurance companies can use what is called the “multiplier method” to calculate pain and suffering in a motorcycle accident case.
The multiplier method generally involves adding up the damages that come with actual dollar amounts, so-called economic damages, and multiplying the sum by a certain figure, usually between 1.5 and 5. The more serious a victim’s pain and injuries, the higher the multiplying figure will potentially be. In other words, if you suffered from debilitating long-term injuries and had to endure painful medical treatments, the multiplier will most likely be closer to 5.
Factors That Can Influence Calculating Pain and Suffering
Determining the multiplier figure in trying to arrive at an adequate settlement amount can also involve taking other factors into account, such as:
- The at-fault driver’s degree of negligence
- The permanence and severity of a victim’s injuries
- The length of a victim’s recovery period
- The availability of clear evidence of the victim’s pain and suffering
However, pain and suffering and other non-economic damages can be subjective. A motorcycle accident lawyer with our law firm can assess and calculate your damages comprehensively, which can be helpful.
Remember, tangible evidence from the accident needs to support all potential calculations of non-economic losses. Medical bills or statements from physicians are examples of such evidence.
Accident Injuries Are Much More Severe for Motorcycle Riders
Motorcycle riders are much more likely to die or suffer injuries in an accident than motor vehicle occupants, according to the Insurance Information Institute (III). Injuries in motorcycle accidents may not only be painful, but they could also change a victim’s life forever. Some may never recover full mobility, while others could be forced to rely on the help of others for the rest of their lives.
Injuries in motorcycle crashes can include:
- Crushed bones and fractures
- Spinal cord injuries
- Severe whiplash
- Road rash
- Back injuries
- Traumatic brain injury (TBI)
- Internal organ injuries and internal bleeding
Victims who suffered injuries through the fault of another driver can receive compensation for their injuries and physical and emotional suffering, if applicable.
Compensation Motorcycle Accident Victims Could Recover
While it can be hard to generalize about what victims could recover, they could seek economic and non-economic damages.
Economic Damages
Economic damages usually involve reimbursement for actual costs and come with receipts or statements. They can include:
- Medical costs
- Loss of wages
- Costs for modifications to the home
- Costs for a nurse’s home visits
- Transportation costs
- Out-of-pocket costs related to the accident
Non-Economic Damages
While calculating non-economic damages can be far from straightforward, it is important to note that these types of damages could make up a significant portion of a victim’s overall settlement amount. This holds particularly true if they suffered extensive and life-altering injuries and had to endure a great deal of pain and suffering. Non-economic damages will be specific to the claim or lawsuit in question but can include:
- Loss of life enjoyment
- Inconvenience
- Disability or disfigurement
- Pain and suffering
- Emotional trauma
Putting a figure on an individual’s suffering and loss of life quality can be challenging and will require compelling evidence. If you are wondering how pain and suffering are calculated in a motorcycle accident case and how you could recover non-economic damages, consulting with your motorcycle accident attorney can certainly be helpful.
Your attorney can help you adequately calculate all your damages, including any future costs you may face. They can also defend your case.
You Will Need to Prove the Other Driver’s Negligence First
Establishing negligence will be important if you intend to pursue compensation from an at-fault driver. Risky driving can constitute negligence. According to the National Highway Traffic Safety Administration (NHTSA), risky driving can include:
- Driving impaired, due to alcohol or drug consumption
- Driving drowsy
- Driving too fast for conditions
- Distracted driving
However, a driver could also be negligent if they caused your accident by going against traffic laws or driving recklessly. Motorcycle accidents can be complex, but your lawyer can help you. The injured party may be able to pursue compensation from several avenues if multiple parties are at fault in a motorcycle crash.
Contact the Attorneys at Jacoby & Meyers Law Offices Today for Advice
If you suffered great pain and anguish after your accident—whether physical, emotional, or both—you can pursue compensation for your non-economic damages. A motorcycle accident lawyer with our firm can also accurately calculate your losses and help you fight for the compensation you deserve. Call us now for a free consultation at (888) 522-6291.