The physical pain, emotional anguish, and diminished quality of life that ensue from a motorcycle accident are covered by pain and suffering compensation. These damages, unlike medical costs or lost wages, are not easily quantifiable and impact daily life in very personal ways.
Sarasota, FL, is home to many coastal roads, an influx of tourists, and an expanding population. Year-round, the city also borders many scenic highways, making it an attractive destination for motorcycle riders.
When a Sarasota motorcycle accident lawyer discusses pain and suffering claims with an injured rider, he can help them understand how Florida law treats them. Let’s find out more!
What Counts as Pain and Suffering?
Damages for pain and suffering extend beyond physical injuries. These are all the effects that a crash can have on a person’s body and mind for years afterward.
Common examples include:
- Sustained pain due to a fracture or injury to the spine
- Fears during driving following the accident
- Due to reduced mobility, the patient suffers from depression
- Sleep problems or post-traumatic stress
- Loss of enjoyment of hobbies/family activities
Motorcyclists are much more likely to sustain severe injuries than occupants of a passenger vehicle. Those injuries can have long-term emotional and physical effects.
How Insurance Companies Calculate These Damages
There is no set procedure for calculating pain and suffering damages. Insurance firms will generally consider several factors before offering.
Some of these factors may be:
- The extent of the injury
- Length of medical treatment
- Permanent disability or scarring
- Effects on livelihood and social interaction
- Psychological and emotional trauma
Under Florida Statutes § 768.81, Florida uses a comparative negligence system. This implies that if the injured rider is determined to have contributed to the accident, they will receive less compensation.
What Evidence Strengthens a Claim?
The pain is subjective, but that doesn’t mean it can’t be proven. Effective documentation can differentiate between a weak settlement and a fair settlement.
Useful evidence that can be supplied is:
- Treatment notes and medical records
- Images of the injury during healing
- Mental health evaluations
- Family member’s testimony
- A daily journal detailing the level of pain and restrictions
Settlement Versus Trial
The majority of motorcycle injury cases are resolved through settlement rather than going to court. Most settlements happen more quickly than trials and are less stressful, but they may mean accepting a lower settlement if the evidence is not extensive.
Sometimes, trials can result in higher awards, particularly in catastrophic injury cases. They also come with extensive legal fees, extended timelines, and uncertainties, however.
Key Takeaways
- Pain and suffering damages cover emotional and physical harm after a crash.
- Florida motorcycle accident claims often differ from regular car accident cases.
- Medical records and personal documentation strengthen compensation claims.
- Comparative negligence laws can reduce settlement amounts.
- Severe injuries usually lead to higher pain and suffering awards.
- Settlements are faster, while trials may produce larger compensation.
- Federal safety data supports the seriousness of motorcycle-related injuries.
