Pain and suffering can be calculated in a motorcycle accident case using a variety of methods, but factors such as medical bills and property damage must always be taken into account. Insurance companies tend to use basic formulas to calculate pain and suffering—our law firm will choose the best method available to help you get the level of financial recovery you need.
Methods Used to Calculate Pain and Suffering
Pain and suffering is a non-economic loss, meaning that it does not have a monetary value attached to it. Part of our job when we represent a client is to assign a value to their non-economic damages so we can seek them in a lawsuit.
While pain and suffering may seem subjective and hard to estimate, it can be crucial to your recovery. Non-economic damages like this can have long-term effects on your life, career, and relationships. Below we explore the two main methods for evaluating pain and suffering damages.
Using the Multiplier Method in a Motorcycle Accident Case
Multipliers are used by most insurance companies to calculate pain and suffering when a victim files a claim after an accident. Once the insurance adjuster adds up all of your economic damages, they will then multiply the total of these expenses—frequently by three.
Our law firm does not use this method. We see our clients as people who deserve more than just a simplistic formula to tally up their grief.
Per Diem Fees for Motorcycle Injuries
Per diem fees are another approach used by insurance companies, as well as attorneys. An example of the per diem method is if you are prescribed medication, the insurance company will issue a daily fee for each day you use it.
As with the multiplier method, our attorneys reject this method, as it does not align with our core values: acknowledging our client’s humanity and individual struggles. If you or a loved one was injured in a motorcycle accident due to the negligence of another, you deserve to be recognized as a wounded person, not treated in a formulaic manner, like a piece of merchandise, as the insurance carriers would like to. You deserve fair compensation and a chance to rebuild your life.
We will work to build a compelling argument as to why you should be paid in settlement or awarded by verdict an amount equal to or greater than the highest amount the appropriate New York State Appellate Court has upheld for your level of injury.
Factors that Affect the Calculation of Pain and Suffering
When our firm prepares to calculate a client’s pain and suffering, we consider the feelings of discomfort and misery they experienced after their motorcycle accident. A lawyer from our team will gather evidence in order to help illustrate the severity of a client’s injuries. Evidence that is useful in calculating pain and suffering includes:
- Records of medical care for symptoms presenting as pain, discomfort, or disability
- Length of hospitalization
- The ability, or lack of same, to return to work after the collision
- Journal entries detailing daily pain levels
- Testimony from friends and family
Other factors that affect the amount of pain and suffering damages you can recover include:
- The negligent party’s insurance coverage
- Your own supplemental insurance coverage
- The extent and treatment for your injuries
- The specific circumstances of your accident
Seek Medical Treatment as Soon as Possible
After a motorcycle accident, it’s recommended that you seek medical care immediately if you feel any type of pain or discomfort. Motorcycles pose a higher risk of injury compared to traditional vehicles. Even with proper protective gear, there is still a high risk that you will be seriously injured if you are in a motorcycle accident.
It is helpful to have it on record that you sought medical attention as soon as possible after the accident. However, pain does not always present immediately. Some victims do not even feel pain until days or weeks later.
For example, the pain from whiplash is frequently delayed for a period of time. Either way, don’t hesitate to visit a healthcare provider for your pain. Having these symptoms on record will help build a stronger case once you begin the process of filing.
You Do not Pay Us Unless We Win Your Case
We understand right now you may be in a position of just trying to make ends meet after your motorcycle accident. We hope it will relieve some of your stress and replace it with a measure of peace of mind to know that our attorneys work on a contingency-fee-basis. This means you pay nothing upfront or out-of-pocket until we settle your case or win a verdict for you.
Call the Attorneys at Friedman & Simon, L.L.P. for Help Today
If you or a loved one was injured in a motorcycle accident and is experiencing pain and suffering, do not hesitate to give us a call. We offer free consultations. Our team will evaluate your case, and once you’ve come to a decision, we will move forward with getting your life back on track.
Our team will be with you every step of the way, providing regular updates and guidance. We will treat your case with care and compassion. Call a Friedman & Simon, L.L.P. team member today at (516) 932-0400 for a free consultation.