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How Much Can You Get Out of Pain and Suffering in a California Motorcycle Accident?

Emotional pain can be difficult to navigate. And the pain and suffering endured by victims after a motorcycle accident deserves to be compensated for. This is why Maison Law advocates on behalf of motorcycle accident victims. Our compassionate team of accident attorneys is dedicated to getting the compensation you need. Contact Maison Law today for a free consultation and case evaluation.

How Do I Calculate Damages for Pain and Suffering in a California Motorcycle Accident?

California does not have a cap for the amount you can receive for pain and suffering in a personal injury case. While there is no fixed template for calculating the monetary value of pain and suffering, the severity of your accident can help determine its value. Here are some factors to consider:

  • The extent of recklessness, or intentionally harmful acts committed by the defense
  • How long your injuries have lasted and what permanent damage has been done to your life
  • The general physical and emotional distress sustained by others with a similar injury
  • The impact your injury has had on your professional career
  • The medical treatment received and ongoing treatment required
  • Permanent changes to your daily life and if a full recovery can be expected

It is important to know there is no set standard in California law for pain and suffering other than the damages awarded shall be reasonable. There is no complicated legal process for pain and suffering, only reasonable consideration. This is stated in California Civil Code 3359:

“Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.”

How to Prove Pain and Suffering in a Motorcycle Accident in California

Pain and suffering in a personal injury lawsuit is considered non-economic damage. This means there is no specific dollar amount assigned to it because it is not a tangible thing such as physical therapy, surgery, or medication. Physical items such as these have fixed costs and are considered economic damages.

For pain and suffering, there is no established standard for what a jury or judge can use to calculate a fair amount. It is up to the plaintiff to present evidence of physical pain and emotional trauma to assist them in making their decision. Pain and suffering can be proven using the following evidence:

  • Physical pain: typically shown through medical records, this highlights discomfort and agony caused by the injury.
  • Mental Anguish: this includes emotional distress, fear, anxiety, anger, and depression, which have stemmed from your injury. This is usually represented in witness statements and therapist reports.
  • Loss of enjoyment of life: this is the enjoyment of life you’ve been deprived of because of your injury. This could be a surfer who can no longer surf. Evidence of this can be displayed with past pictures and videos, as well as witness testimony.
  • Impact on relationships: injuries affect your ability to maintain relationships, which can put unnecessary stress on a person’s life. This evidence can usually be displayed in a person’s finances if it was a business relationship. It can also be represented with photos and witness testimony.

Most Common Causes of Motorcycle Accidents in California

According to the Federal Highway Administration, fatal motorcycle accidents have gone significantly up since 1997, while fatal car accidents have gone down. The reason the accident data is trending in this direction is while cars have become safer, motorcycles have remained just as dangerous, if not more so due to technology allowing them to go faster than ever before. The most common reasons for motorcycle accidents in California include:

  • Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
  • Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
  • Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
  • Driving under the influence (DUI): this action is one of the leading causes of fatal motorcycle accidents in California.
  • Lane-splitting: occurs when motorcyclists ride between lanes of traffic, which can lead to accidents if drivers are not aware of the motorcyclist.

Contact a Motorcycle Accident Lawyer in California

If you or a loved one has been injured in a motorcycle accident in California, the personal injury attorneys at Maison Law are standing by to help you get the compensation you need. We understand the enormous medical costs associated with motorcycle accidents and will aggressively pursue a settlement to match the full extent of your damages. If a settlement cannot be reached, then our firm will represent you in court and advocate on your behalf.

Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and we don’t make a dime unless your case is won.