Pain and suffering may generally be calculated in an Orlando motorcycle accident case by applying the “multiplier” or “per diem” methods. Under the multiplier method, your lawyer or another party may calculate the value of all known damages, and then multiply those damages by a figure between 1.5 and 5. This number is dependent on the severity of your pain and suffering.
Another method for calculating the value of pain and suffering is the “per diem” method, as explained by the Northwestern University Law Review. Under this method, a period of time of suffering (such as a month) is given a dollar value, and that period is projected for the remainder of your life.
Pain and Suffering Is Not Always Straightforward
Unlike costs such as ambulance transportation or lost income, the cost of pain and suffering from a financial perspective may not be obvious. There is also no single way to determine what you could be entitled to for your pain and suffering, and so having a lawyer to argue your case could be valuable.
The Legal Information Institute (LII) notes that “pain and suffering” generally refers to “pain and emotional distress” resulting from your accident. More specifically, this could refer to:
- The physical pain of your accident’s impact
- The physical pain of your injuries
- Mental distress caused by your pain
- Specific distressing conditions such as anxiety, post-traumatic stress disorder (PTSD), and depression
- A diminished quality of life caused by your accident
The effects that injuries have on every motorcycle accident victim is unique. Your lawyer will make the case for compensation for the level of pain and suffering that you have experienced. You may also experience injury-related consequences that contribute to your pain and suffering. These may include:
- Loss of independence, which could result in the case of injuries, such as partial paralysis, that reduce your ability to care for yourself
- Changes in your personality
- Harm to your relationships with others, including but not limited to your significant other
- Inability to perform physical tasks that you could before your accident
- Loss of cognitive abilities caused by your injuries
Your lawyer will paint a complete picture of how your motorcycle accident has caused you harm. They will then pursue compensation for all of your losses.
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Additional Losses From a Motorcycle Accident You May Suffer From
In addition to pain and suffering, you may face economic losses as a direct result of your motorcycle accident. These losses will be important considerations as your lawyer negotiates a settlement or seeks a judgment of awards.
Some of the economic losses that you may suffer from an Orlando motorcycle accident include:
- Lost salary or wages while you are unable to work from your injury
- Diminished earning power once you return to work, as you may have to change jobs or reduce your hours to accommodate your injuries
- Damage to your motorcycle and other personal property
- Medical costs
- The cost of psychological counseling for your trauma
- The cost of transportation to medical appointments
- The cost of transportation resulting from damage to your motorcycle
Recovering compensation for all of your accident-related losses will be your lawyer’s ultimate goal.
Your Lawyer WIll Not Get Paid Unless You Win
Your Orlando motorcycle accident lawyer may collect payment through a contingency fee. The American Bar Association (ABA) notes that personal injury lawyers often get paid this way. A contingency fee means that, rather than you having to pay an hourly rate upfront for legal services, you will only pay if your lawyer wins.
A lawyer being paid via contingency fee creates a strong incentive for them to negotiate a settlement or win a judgment for you. In order to do so, your lawyer may:
- Calculate the value of pain and suffering in the case of your Orlando motorcycle accident
- Collect and organize relevant evidence
- Hire experts
- Interview witnesses
- File your lawsuit
- Negotiate a settlement with the other party in your case
- Complete a trial if they cannot complete a settlement
Personal injury and wrongful death lawsuits may generally result in a settlement. This is the outcome that your lawyer will aim for.
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Call the Law Offices of Anidjar & Levine Today
Hiring a lawyer could allow you to put your full attention on recovery while your lawyer seeks the compensation that you should be entitled to. Call the Law Offices of Anidjar & Levine today at 1-407-500-4000 for a free consultation. It is in your interest to call as soon as you can, as a statute of limitations could restrict your window for bringing a lawsuit.
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