As a motorcycle accident victim, you want to make sure you get the most out of your insurance claim or lawsuit. That includes compensation for inconveniences like physical discomfort and more significant challenges like severe pain.
To ensure you’re getting the damages you deserve, you might want to know how pain and suffering are calculated in a motorcycle accident case. At Zanes Law, we’re closely familiar with quantifying and obtaining intangible damages like pain and suffering because we’ve done it for countless clients in the past. Let’s learn more about how your damages will be calculated.
Calculating Pain and Suffering is Different from Other Damages
When you file a motorcycle accident claim, your attorney will probably pursue two types of damages, economic and non-economic. Economic damages compensate for financial losses like medical bills and missed wages. These losses are easy to calculate because they’re evidenced in invoices, bills, pay stubs, and other records.
On the other hand, calculating non-economic losses is a bit more complicated. Since losses like emotional distress, reduced quality of life, and pain and suffering don’t have price tags, it can be tricky for attorneys to assign a dollar value to them.
To fix this issue, lawyers have developed two ways to calculate pain and suffering in motorcycle accident cases and other types of claims.
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Methods a Motorcycle Accident Lawyer Can Use to Calculate Pain and Suffering
The two methods used to calculate pain and suffering after a motorcycle accident are known as the “multiplier method” and the “per diem method.” Your lawyer can determine which method would produce the best results for you and use it to calculate how much you’re owed for your suffering.
The Multiplier Method
The multiplier method involves finding the total of your economic losses and multiplying it by a number between one and a half and five. The number between one and a half and five is determined by the severity of your pain.
If your pain is mild, your attorney might use a multiplier of one and a half or two. They could use a multiplier of four or even five if your pain is more severe. The resulting number will be the amount of money your attorney will pursue for pain and suffering caused by your motorcycle accident injuries.
The Per-Diem Method
The per-diem method of calculating pain and suffering uses your daily wages as a starting point. Your lawyer will take the number of days between your accident and the day you’ve made a “maximum recovery” and multiply it by the amount of money you made per day before your collision.
In this method, your maximum recovery date refers to the day you’ve recuperated from your injury as much as possible. If you’ve suffered a long-term injury or disability, this method might be more difficult to use. In that case, your attorney may opt to use the multiplier method, ensuring you get the compensation you need when you need it most.
How Insurers Calculate Pain and Suffering for Motorcycle Accident Victims
The insurance company may use the multiplier method, per-diem method, or a computer program to calculate your pain and suffering damages. It’s important to note that it’s in the insurer’s best interest to pay you as little as possible for the pain and discomfort you’ve endured, so they’ll probably favor the method that offers the least compensation.
Your attorney will be well aware of this and will push for the insurer to evaluate the pain and suffering you’ve experienced fairly.
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Negotiating Pain and Suffering Damages in a Motorcycle Accident Case
It comes as no surprise that insurers are eager to offer as little compensation as possible, which is why skilled lawyers are always ready to negotiate. If the insurance provider doesn’t budge on a lowball offer, your attorney can use evidence from your motorcycle accident and their knowledge of legal theory to negotiate a higher payment.
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Using Evidence to Obtain Pain and Suffering Damages
Your lawyer will enter insurance negotiations armed with the evidence they need to reach a favorable settlement offer. The following pieces of evidence can be used to prove your pain and suffering and obtain fair compensation for it:
- Testimony from your doctor
- Your medical records
- Your personal testimony and written journal that describes the pain you’ve endured
- Testimony from your close friends and family regarding the impact your pain has had on your daily life and quality of life
Your attorney can use any of these forms of evidence to calculate and obtain your pain and suffering damage. To help your attorney negotiate a high-value settlement, make sure to keep a journal detailing the impacts that the motorcycle accident has had on you, including the physical discomfort and pain you’ve felt.
Filing Deadline for Motorcycle Accident Cases in Arizona
If you’ve been injured in a motorcycle collision and have been advised to file a lawsuit, you have limited time to do so. A.R.S. 12-542, the statute of limitations for personal injury lawsuits, sets a two-year filing deadline for all plaintiffs.
Your two-year time limit starts on the day of your crash, so you’ll want to contact an attorney ASAP. Once your lawyer has investigated your motorcycle accident case, calculated your pain and suffering damages, and prepared your lawsuit, they’ll make sure your suit is filed before the two-year mark.
Reach Out to a Motorcycle Accident Attorney Today
Motorcycle collision injuries can cause a great deal of discomfort and physical suffering. If you’ve been injured in a crash caused by another driver, you need an experienced lawyer to help you recover compensation.
The team at Zanes Law can explain how pain and suffering is calculated in a motorcycle accident case. They can pursue the damages you need to pay your medical bills, replace lost wages, and cope with your pain. Contact a motorcycle accident lawyer from our firm today to get the advice and advocacy you can count on.
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