Calculating pain and suffering in personal injury claims is often one of the most complicated factors in pursuing fair compensation for your motorcycle accident. Unlike medical bills or lost wages, which are easily calculated, pain and suffering accounts for the non-economic losses that impact the quality of your life.
Our Denver motorcycle accident lawyers understand what you’re going through and can help you determine the fair settlement value of your pain and suffering following a motorcycle accident. Continue reading to learn more.
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What Is Pain and Suffering?
Motorcyclists face unique challenges when pursuing personal injury claims. The injuries sustained in a motorcycle accident are often severe, leading to extended recovery times, permanent physical damage, or lasting emotional trauma.
Under Colorado personal injury law, pain and suffering is recognized as forms of non-economic losses, compensating victims for the intangible hardships they endure following an accident. These losses encompass both physical discomfort and emotional distress that significantly affect a person’s quality of life. They can be categorized into the two following groups:
Physical Pain and Suffering
Motorcycle accidents can lead to severe physical injuries, such as:
- Road rash
- Broken bones
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
Physical pain and suffering refers to the actual bodily injuries sustained and the subsequent physical discomfort. Examples include the immediate physical pain, during the recovery processes, such as surgeries or rehabilitation, and chronic conditions, such as long-term physical impairments.
Emotional Pain and Suffering
This pain and suffering involves the psychological impact of an accident, which can include mental anguish, post-traumatic stress disorder (PTSD), or the loss of enjoyment of your life.
Understanding these facets of pain and suffering is crucial for accurately assessing the full impact of an accident on a victim’s life.
How Are Non-Economic Damages Calculated?
Calculating non-economic damages in a motorcycle accident case involves assessing the unique impact of the accident on the victim’s physical, emotional, and mental well-being. Unlike economic damages that have a fixed financial loss, the amount awarded typically depends on several factors rather than a fixed formula.
Key Factors in Calculating Non-Economic Damages
There are several important factors that help determine how much is awarded for pain and suffering.
The factors for calculating non-economic damages:
- Severity of Injuries: The more severe or life-altering the injuries, the higher the compensation for pain and suffering.
- Duration of Recovery: Long recovery periods or permanent disabilities increase the value of pain and suffering claims. The duration of time spent dealing with pain, medical treatments, and rehabilitation is a critical consideration.
- Impact on Daily Life: How the injuries disrupt your ability to perform everyday activities, such as working, socializing, or engaging in hobbies, is a major factor.
- Visible Scars or Disfigurement: Physical scarring or disfigurement can result in emotional trauma, embarrassment, and social challenges, which are considered when determining compensation.
- Mental and Emotional Distress: Psychological impacts, such as depression, anxiety, or PTSD, are integral to the calculation. Evidence of counseling or therapy can support claims for emotional suffering.
- Evidence and Documentation: Supporting documentation, including medical records and expert testimony, strengthens these claims.
- Impact on Relationships: The effects of injuries on relationships, such as an inability to maintain intimacy or care for loved ones, can also factor into compensation.
Challenges in Calculating These Costs
There are two primary blocks to having non-economic damages calculated fairly. These are:
- Subjective Nature: Pain and suffering vary greatly from person to person, making it hard to assign a universally accepted monetary value.
- Proving Non-Economic Damages: Like medical expenses, pain and suffering requires detailed documentation and often expert testimony to substantiate.
It’s also important to note that Colorado does have specific caps for the amount of non-economic damages that can be awarded. Your motorcycle accident attorney can explain the caps on your settlement.
Overcoming Challenges in Proving Pain and Suffering
These challenges can feel like a significant roadblock to fair compensation. However, there are some key ways to help support your claim.
- Build Strong Evidence: Medical professionals, psychologists, and other experts can provide detailed reports on the long-term impact of your injuries.
- Highlight Unique Hardships Faced by Motorcycle Accident Victims: Motorcycle accidents often result in severe injuries, which can lead to long-term physical pain and emotional distress. Emphasizing the severity of your injuries can be essential.
- Prove Negligence: Showing that you were not at fault for your accident is vital. Evidence proving that the accident was due to someone else’s negligence may include footage from traffic cameras, eyewitness testimonies, evidence from the accident scene, and expert testimony, such as on highway safety or accident reconstruction.
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How Our Colorado Motorcycle Accident Attorneys Can Help Your Claim for Pain and Suffering
We understand the profound challenges motorcycle accident victims face in recovering physically, emotionally, and financially from their injuries. A personal injury lawyer can help you navigate the complexity of an insurance claim to ensure that you receive the fair compensation that you deserve.
When searching for legal representation, find a lawyer who will:
Bring Personalized Attention to Every Client’s Case
We believe every case is unique, just like every client. Our accident attorneys take the time to understand the full extent of your injuries and how they’ve impacted your life. This personalized approach allows us to build a strategy tailored to your specific needs, ensuring no detail is overlooked.
Help Their Clients Rebuild Their Lives
We fight to ensure you have the resources to cover ongoing medical care, lost income, and other needs. We will gather evidence to support your claim and will negotiate with the insurance companies to include the full extent of your pain and suffering. We empower you to focus on healing while we focus on achieving justice.
Offer Risk-Free Legal Representation
Affording a lawyer can seem daunting. We work on a contingency-fee basis, so you don’t have to worry about upfront costs. Our fee is only paid if we recover compensation for your case.
Contact Our Colorado Motorcycle Accident Attorneys
Pursuing fair compensation for the physical and emotional trauma of your accident shouldn’t mean even more stress. Our Colorado motorcycle accident attorneys will take care of your case so that you can focus on your life.
Contact Matlin Injury Law today to learn about us and request a free consultation.
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