Maison Law can answer any question you might have after a motorcycle accident in California. Even though every motorcycle accident is different, one thing that stays consistent is the pain you go through after an accident. At the same time, it can sometimes be hard to put a monetary value on your pain and suffering. Our team can help you with this. Contact us today for a free consultation.
How Much Can You Get For Pain and Suffering in a Motorcycle Accident Claim?
In a motorcycle accident, it’s easy to understand how badly you can get hurt. While riding can be thrilling, a motorcycle offers almost no protection if you’re hit by a larger vehicle. Even in cases where there’s no direct contact, you can still end up with painful injuries like road rash.
The more severe the accident, the greater the chance of injury, and the whole experience can be very traumatic. This leads to both physical and emotional pain, which the claims process considers when you seek compensation.
But how do you figure out what your pain and suffering are worth? There’s no exact formula, but there are ways to measure it, depending on your situation:
- Show the impact on your everyday life – Keep a record of how your injuries affect your everyday life. If simple tasks like walking, riding your motorcycle, or even sleeping have become harder or more painful, write it down. This helps show how much your life has changed.
- Show how your quality of life has changed – Highlight how the accident has affected your quality of life. If you can’t enjoy activities you used to love, like riding, spending time with family, or working, make sure to include that in your claim.
- Compile your medical records – Gather all your medical records, such as hospital visits, doctor’s notes, prescriptions, and therapy details. These documents are important for proving the physical and financial impact of the accident.
- Gather statements from people close to you – Get statements from doctors and medical professionals, as well as friends or family, who can explain how your injuries have affected you. Medical experts can also speak to any long-term effects you might face.
Generally, the more evidence you’re able to gather, the stronger your claim will be. Keep in mind that everyone’s experience with injuries is different, so be specific about how the motorcycle accident has impacted your life.
What Other Damages Can You Get in a Motorcycle Accident Claim?
Pain and suffering is an important aspect of your claim, but it’s not all you can get from whoever is responsible for the accident. The other “damages” that are available depend on the circumstances, but usually involve:
- Medical expenses – This includes the costs for doctor visits, hospital stays, surgeries, medications, physical therapy, and any other medical care you need because of the accident.
- Lost wages or future earnings – If you can’t work while recovering from your injuries, this covers the income you lose. It also covers future earnings if you can’t return to your job or have to take a lower-paying job.
- Emotional distress – This refers to the mental and emotional effects of the accident, like anxiety, depression, or trauma.
- Property damage – This is for the cost of repairing or replacing your motorcycle and any personal property that were damaged in the accident.
- Loss of companionship or quality of life – If your injuries affect your relationships or your ability to enjoy life, this compensation helps support you for those changes.
- Wrongful death expenses – If a loved one dies in the accident, this covers costs like funeral expenses and the loss of financial and emotional support they would have provided.
When you file a claim, whether it’s an insurance claim out of court or a lawsuit inside the court system, the amount you can recover depends on how serious your injuries are and how strong your case is. Also, you need to file within California’s two-year statute of limitations. If you miss that deadline, you won’t be able to make a claim at all.
What Can Cause Pain and Suffering in a Motorcycle Accident?
Again, the thing that separates a motorcycle accident from others is how serious they typically are in terms of injuries. This isn’t limited to just physical injuries, either. A motorcycle accident–and your pain and suffering damages–can be based on the following:
- Physical injuries – Motorcyclists are less protected, so crashes can cause serious injuries like broken bones, painful skin injuries (road rash), or head and back injuries. These are very painful and take time to heal.
- Emotional distress – The accident can leave you feeling scared, anxious, or depressed. You might even be afraid to ride a motorcycle again.
- Scars – Road rash or burns from the accident can leave scars that hurt and make you feel self-conscious.
- Long-term pain – Some injuries can cause pain that lasts a long time, making it hard to work or enjoy life.
- Loss of mobility – Serious injuries might make it hard to walk or do everyday things on your own, which can lead to frustration and emotional stress.
Obviously, these factors are going to be present in pretty much every motorcycle accident. But again, your damages are going to be specific to your case. So, it’s important to not only understand the process, but to also have the right support and guidance.
Get Legal Help From Maison Law After a Motorcycle Accident
You don’t have to deal with the pain and suffering that comes from a motorcycle accident on your own. At Maison Law, we can help you through the whole legal process from start to finish. We want to make sure you’re able to make a recovery and your needs are taken care of. If you or someone you know has been in a motorcycle accident and needs help, contact us today for a free consultation.
