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Can I Sue for Pain and Suffering After My Motorcycle Accident?

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Anyone who suffers injuries in a motorcycle accident caused by someone else’s actions has the right to seek compensation. As long as you can prove that someone was negligent and your injuries were preventable, you should be able to recover damages. These damages can be both economic and non-economic.

Economic losses are those that immediately come to mind and it’s easy to attach a dollar value to them. These include:

  • Property damage including damage to your motorcycle
  • Medical costs such as doctor’s visits, hospitalization, surgery, and medication
  • Lost income if you can’t work as a result of the accident and lost earning capacity if you won’t be able to work in the future

These losses can be proven by presenting medical bills, estimates for future medical expenses, pay stubs, and other documents.

On the other hand, non-economic losses are more abstract and they have no obvious dollar value. These include pain and suffering, loss of enjoyment of life, mental anguish and emotional distress, and loss of consortium. You can’t easily quantify pain and suffering following a motorcycle accident. However, a Rogers motorcycle accident lawyer can still help you to get monetary compensation for this intangible loss.

Your demand for pain and suffering damages will be included in your larger claim. If the other driver’s insurance company doesn’t offer a fair settlement, your attorney may recommend that you file a lawsuit. Most personal injury cases are settled out of court so your case may never make it to trial. However, you do have the right to sue for pain and suffering and any other damages you can prove.

What Exactly is Pain and Suffering?

Pain and suffering refer to the physical, mental, and emotional damage you experienced as a result of your accident-related injuries. Not only does it cover the actual pain you face, but also the way your life has changed as a result of the motorcycle accident. You may be able to claim compensation for:

  • Chronic pain
  • Physical limitations or disabilities
  • The inability to carry out everyday tasks like walking, grooming, or helping with chores
  • The inability to enjoy life in the way you once did
  • Depression, anxiety, post-traumatic stress disorder, and other mental and emotional distress

How Your Attorney Will Support Your Claim

Your lawyer will use various types of evidence to prove to the insurance company or jury that your claim for damages is legitimate. These may include:

  • Medical reports. Your doctors should provide details of your diagnosis and prognosis and indicate how long your injuries are likely to impact you. They should also identify all the problems you’re likely to experience as a result of the injuries.
  • Written statements or testimony. Your lawyer may ask you and your relatives and friends to share how your life has changed for the worse following the accident.
  • Expert testimony. If necessary, your attorney may also call on psychiatrists, counselors or other third parties to give their expert opinion on the effects of an accident such as yours.

The insurance company or jury will also take note of the types of doctors you’re seeing and how long you’ll need to see them. They will likely base their award of pain and suffering damages on the severity of your injuries and how much treatment you’ll require.

Things to Keep in Mind When Filing a Claim

Before you can recover damages of any kind, you need to prove that another party was primarily at fault for the accident and your injuries. You can still claim compensation if you were partly responsible. However, you can only claim damages if you were less than 50 percent at fault and your damages will be reduced accordingly. That’s because Arkansas follows a modified comparative fault system.

After you’ve established that the accident was not primarily your fault, you need to ensure you act quickly. You have three years from the date of the crash to file a lawsuit, but you shouldn’t wait until the last minute. You need to contact an attorney as soon as possible so they can investigate, gather the necessary evidence, and attempt to negotiate a settlement.

Contact The Law Office of Jason M. Hatfield, P.A. Today

If you suffered serious injuries in a motorcycle accident, you’re likely dealing with more than high medical bills. You may be in constant pain and finding it difficult to sleep. You may no longer be able to take part in hobbies or play with your kids. You deserve to be compensated for these intangible losses. Let our Rogers motorcycle accident lawyers at the Law Office of Jason M. Hatfield review your case and tell you how much it is worth. Your first consultation is free, so you have nothing to lose by calling us and getting an expert legal opinion.

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