Pain and suffering is calculated in a motorcycle accident case by assessing the total losses and trauma sustained by a victim. In most motorcycle accident cases, a victim’s damages are divided into one of two categories: economic damages and non-economic damages. Some of the most common examples of economic damages include the following:
- Property damage costs
- Medical bills and expenses
- Lost wages and income
In addition to these kinds of tangible losses, legal teams, insurance companies, and other parties related to an accident will consider additional forms of damage—often referred to as non-economic damages. These include psychological trauma, loss of the ability to enjoy life, fear and anxiety, and other mental health complications.
Common Pain and Suffering Calculation Methods
Economic damages often carry a clear dollar amount. For these damages, a lawyer will work to calculate your losses based on the scope of damage sustained in the motorcycle accident.
However, non-economic damages are a bit more difficult to quantify. As such, your lawyer may utilize the multiplier method to calculate total damages.
The Multiplier Method
The multiplier method takes the cost of your damages and multiplies them on a sliding scale depending on the severity of the accident. When using the multiplier method, legal teams will examine average income, property damage, medical bills, and other damages to come up with a total estimate.
From here, they will assess the severity of the accident, ranking it from 1 to 5. Accidents that rank a 1 will multiply the total cost of damages by one, and so on.
The Per Diem Method
Another common method for calculating pain and suffering is known as the per diem method. This method takes the victim’s income and uses it as a basis to further calculate a settlement amount.
With the per diem method, a victim’s lost earning capacity will be calculated on a day-to-day basis throughout their recovery period. At the end of recovery, the victim will then receive a settlement amount that matches the wages they lost during that time frame.
When you hire a lawyer from our team, they will work with you to determine the method for calculating your pain and suffering. Some insurance companies and other parties involved in an accident may also use various methods to calculate pain and suffering after a motorcycle accident. Your legal team will defend your rights throughout your recovery as they build up a case that upholds your position.
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Elements that Could Play a Role In Your Pain and Suffering Amount
As a general rule of thumb in the personal injury world, the more severe your injuries are, the more you can receive in compensatory damages. A person with a traumatic brain injury will likely recover more for pain and suffering than a person who walked away with cuts and bruises.
The following elements could increase the amount of compensation you are owed:
- Whether your injuries will leave you permanently disabled
- Whether your accident resulted in the loss of a loved one
- The cost and severity of your injuries
- The nature of your collision
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Louisiana Has a Short Statute of Limitations Deadline
Some state-specific laws impact your ability to take legal action after a motorcycle accident that ends in personal injury. For example, the statute of limitations put forth in CC §3492 states that victims suffering personal injuries have up to a year after the incident to file lawsuits.
A failure to act within this timeframe could leave you with no further options for justice. As a victim, you should be aware of state, local, and federal laws like these that may impact your ability to seek a just outcome after an accident.
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Contact an Attorney at Laborde Earles Injury Lawyers Today
If you have any questions about how pain and suffering is calculated in a motorcycle accident case, the team at Laborde Earles Injury Lawyers is here to assist you. Our lawyers aim to help our clients along in any way possible as we build a case to defend their rights.
When you work with us, you can expect complete transparency as your case moves forward. Not only will our team work to identify a liable party, but we will also negotiate to collect any forms of monetary compensation that you and your family members may be eligible to receive after a motorcycle accident. To learn more, call our office today at (337) 777-7777.
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