There are unique risks when one operates a motorcycle so it is especially prudent that motorcyclists know and understand what to do in case of an accident. Should you find the need to consult with a Washington DC motorcycle accident lawyer, you will have many questions. One such question will likely be, “What is a good settlement for the pain and suffering that resulted from my motorcycle accident?” First, let us explain what “pain and suffering” means. A Washington DC vehicular accident lawyer will advocate for compensation for you in two areas “special damages,” which include measurable costs such as hospital bills, physical therapy bills, medication and lost wages , and then “general damages,” which account for more abstract consequences of the accident, part of which include your pain and suffering. Some forms of pain and suffering include:
- Physical discomfort or pain resulting from the accident, whether permanent or temporary
- Emotional and psychological pain such as anxiety, insomnia, memory loss and depression etc.
- Physical limitations resulting from the injury that prevent routine activities, prohibit enjoyment in hobbies, and affect your mental and physical ability to care for children and family, etc.
- Loss of consortium, i.e. the inability to be intimate with a spouse
General damages are not without basis but rather, stem from the more tangible special damages or the measurable financial losses from the accident. There are two main subcategories of pain and suffering:
- Current pain and suffering: pain and suffering endured from the time of injury until treatment ends
- Current and future pain and suffering: pain and suffering that begins with the injury and continues into a definite or even indefinite time in the future
Because it accounts for longer term costs, this latter form of pain and suffering generally yields a higher settlement because it accounts for future costs. However, exact future costs are harder to determine, so insurance claims adjusters often use that point to argue for a lower settlement. This is where a top-tier Washington DC motorcycle accident attorney can be especially helpful. An experienced Washington DC motorcycle accident attorney will know how to make those harder-to-determine costs easier to understand and track. One of the best ways to build a case and gain a fair pain and suffering settlement is to keep a detailed record of your injuries’ effects. It may be helpful to keep a journal so you can accurately record your physical and emotional pain and suffering. It is also wise to take photographs of the injuries you sustain as clear visuals help more directly convey the pain endured. Bills and reports for psychological or psychiatric counseling treatment are also excellent indicators of the trauma a motorcycle accident has caused and aid in gaining a fair pain and suffering settlement.
For more information on calculating pain and suffering, schedule a free case evaluation with one of our Washington DC car accident attorneys today.