Pain and suffering in motorcycle accident claims

Injuries suffered in motorcycle accidents are much more severe than injuries sustained in a motor vehicle.

The reasons for this are apparent. A motorcycle does not offer much in the way of protection in the case of an accident. Motorcycles are much smaller than most vehicles that share the road, making them less visible. The difference in size results in more damage being suffered by the bike.

2018 saw 5,000 people fatally injured in motorcycle accidents, with about 88,000 motorcycle accidents occurring nationally each year.

California has higher than average motorcycle accidents, probably due to the allowance of lane splitting.

Should you ever be the victim of a motorcycle accident in California, the likelihood is that your injuries will be severe. Be sure to first seek medical attention and then reach out to these Modesto motorcycle accident lawyers to seek damages for your injuries.

What are the most common motorcycle injuries?

Common injuries include:

  • Traumatic brain injury (TBI)
  • Broken or amputated limbs
  • Internal bleeding
  • Whiplash
  • Facial disfigurement
  • Organ damage
  • Broken ribs
  • Spinal injuries
  • Lacerations

These injuries are accompanied by a great deal of pain and suffering.

What does “pain and suffering” mean?

Pain and suffering in the context of personal injury law refers to actual physical pain endured from the injury, any physical discomfort from medical treatment received, and any psychological effects, mental anguish, anxiety, and sleeplessness.

In cases with severe injuries, pain and suffering can represent a significant portion of the eventual award.

How do you prove pain and suffering in a personal injury case?

If you have suffered extensive emotional or psychological harm, your lawyer will use the services of a psychologist or therapist to lead evidence as to your mental suffering.

Should your physical injuries be severe, your attorney will use your medical records and your doctor or even expert witnesses to prove the pain suffered, the limitation of mobility, and discomfort.

The expected recovery time will affect the amount claimed for pain and suffering. The longer the period, the higher the claim.

In court, what you claim must be proved. The easiest way to prove this is to use medical records. Your doctor may well include notes on how long your recovery will take and order time off by you to refrain from doing certain activities or movements.

Report all pain and discomfort to your doctors in the months and years following the accident. Request your doctor to place these on record as you may need these records at a later stage.

What you can do to assist proof of pain and suffering

Although your lawyer will take on much of the responsibility of handling all aspects of your case, you can help by actively strengthening evidence in your case regarding all things medical, including garnering proof for pain and suffering.

You should first keep detailed records of pain, discomfort, and all medical bills post-accident.

Keep a diary in which you record your pain, including emotional and mental distress linked to the accident.

Record any physical limitations you experience post-accident.

It is crucial to make every effort to restore your health as far as possible – do not skimp on seeing your doctor when you know you should be but feel it may be unnecessary. It is vital to keep a complete record of all visits to build a case.

Request your doctor to include your report’s pain and suffering in your medical record.

Take regular photos of your visible injuries to document the healing process (or lack of it). If possible, use the date stamp facility in your camera or phone to record the date on the photo. Provide these to your lawyer for your file.

See a lawyer

Personal injury claims are complex, procedural, and involve many parties.

It is best to see your lawyer as soon as possible after the accident. The first consultation is conducted at no charge. After that, the firm will take on your case on a contingency basis, which means they will fund your claim and deduct their fees and expenses from the award they secure for you. If they do not win your case, there is no fee.

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