Pain and Suffering in Motorcycle Accident Lawsuits: What You Need to Know

At The Sellers Law Firm, we ride motorcycles. We understand that pain of hitting the street. Motorcycle accidents can lead to devastating physical injuries and deep emotional trauma. Beyond medical bills and lost income, victims often endure profound pain and suffering. In the eyes of the law, these non-economic damages can be just as important as the financial ones — and victims may be entitled to compensation. Call us at 334-LAWYERS (529-9377) to learn more. 

What Is “Pain and Suffering”?

In legal terms, pain and suffering refers to the physical discomfort and emotional distress that a person endures due to an injury. It encompasses:

• Physical pain from injuries such as broken bones, spinal injuries, or road rash.
• Emotional trauma, including PTSD, depression, anxiety, and loss of enjoyment of life.
• Loss of companionship or strain on relationships due to the injury.
• Disfigurement or permanent disability, which can cause long-term emotional distress.

These damages are classified as non-economic, meaning they don’t have a direct monetary value like hospital bills do — but they are very real.

How Pain and Suffering Is Calculated

There is no fixed formula, but two common methods are:

1. Multiplier Method: The victim’s economic damages (like medical expenses) are multiplied by a number between 1.5 and 5, depending on the severity of the injuries.
2. Per Diem Method: A daily dollar amount is assigned to the victim’s pain and suffering, then multiplied by the number of days the victim is affected.

For example, if you had $50,000 in medical expenses and a multiplier of 3 is used, your pain and suffering damages might be $150,000.

Proving Pain and Suffering

Because pain and suffering are subjective, documentation is critical. Evidence might include:

• Medical records and physician testimony
• Photos of injuries
• Psychiatric evaluations
• Personal journals documenting pain and emotional state
• Statements from friends and family

Insurance companies often try to minimize these claims, so strong, detailed evidence helps substantiate your case.

Motorcycle Accidents and Bias

Motorcyclists often face unfair bias in legal proceedings. Insurance adjusters or jurors may assume the rider was reckless, even when they weren’t at fault. This can affect the settlement offer or court judgment, including compensation for pain and suffering.

Working with an experienced motorcycle accident attorney who actually rides their bike can help counter this bias and ensure your story is fairly represented.

State Laws and Limitations

Pain and suffering damages are subject to state laws, including:

• Caps on damages: Some states limit how much can be awarded for non-economic damages.
• Comparative negligence rules: Your compensation may be reduced if you’re found partially at fault.
• Statutes of limitations: You typically have a limited time to file a personal injury lawsuit.

Final Thoughts

Pain and suffering are real consequences of motorcycle accidents — not just side effects. Whether you’re healing from physical injuries, grieving a loss of mobility, or dealing with PTSD, you may be entitled to significant compensation. To protect your rights and maximize your claim, it’s crucial to consult a personal injury attorney familiar with motorcycle cases. We have offices located in Central Alabama in Montgomery, Selma, Greenville, and Troy. We can even come to you regardless of where you are located within the state! We can usually meet with you in 24 hours and all consultations are free. Call or text us at 334-LAWYERS (529-9377) to set an appointment to discuss your wreck. You may also use our Contact Form on our website or you may email us at bsellers@sellerslawfirm.com. Remember that doing nothing changes nothing!