To calculate pain and suffering in a motorcycle accident case, lawyers and insurance agents generally look at other types of damage and then develop a “value” for these non-economic losses.
The team at Kaine Law can explain this to you further, and answer any questions you might have. We take care of all the legal aspects of your case so you can focus on healing from your injuries.
Pain and Suffering: Non-Economic Damages
Most of the compensation you receive after a motorcycle accident in Georgia falls into one of two categories: economic damages and non-economic damages. Non-economic damages cover things that do not have a set dollar value, like your pain and suffering.
Non-economic damages may also cover any mental anguish that you experience after a motorcycle collision. Accidents may cause lasting trauma, leaving you with:
- Feelings of grief
- Depression or anxiety
- Loss of companionship or enjoyment of life
- Post-traumatic stress disorder (PTSD)
Your motorcycle accident lawyer can help you review all the non-economic losses associated with your case.
For a free legal consultation, call 404-214-2001
Economic Damages Play a Part in Calculating Non-Economic Damages
It’s important to learn about economic damages if you want to learn how pain and suffering are calculated in a motorcycle accident case. Economic damages have costs directly related to your crash. Examples of economic damages include:
- Your medical expenses
- The wages you lost during your recovery
- The costs to repair or replace your vehicle
According to the Georgia Department of Driver Services (DDS), more than 4,000 motorcyclists were involved in accidents in 2019. Fulton County reported some of the highest levels of motorcycle accident injuries, meaning that many people in the area sought medical care after a crash.
A lawyer can assess your case to determine the economic losses you sustained as a result of your accident.
Using the Multiplier Method to Calculate Pain and Suffering Damages
Legal professionals use two primary methods to calculate how much compensation you receive for non-economic damages after a motorcycle accident. The first option is called the multiplier method, and it uses your economic damages as a reference point.
When using this method, a lawyer takes your economic losses and then multiplies them by a number, generally between 1.5 and 5. Your lawyer will determine which is best in your case.
What Is the Formula for Pain and Suffering?
The formula used to calculate non-economic damages using the multiplier method usually looks like this: Total economic damages x multiplier = non-economic damages.
Determining the Multiplier for Non-Economic Damages
Not all motorcycle accident claims use the same multiplier to calculate non-economic damages. The following factors may influence the multiplier used in your case:
- Amount of disruption to your daily life
- The severity of your injuries
- The amount of recovery time you will need
- Whether or not you sustained permanent injuries
- The possibility that you’ll face future health problems
You may discuss all of these factors with a lawyer to determine which ones apply to your case. The liability for the accident may also impact the multiplier used for your pain and suffering damages in Georgia.
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Using the Per Diem Method to Calculate Pain and Suffering Damages
Not all cases use the multiplier method to determine non-economic damages. In some situations, lawyers or insurance agents may decide to use the per diem method. Per diem means “per day” in Latin, and this method basically gives you a set amount of compensation for each day that you spend in recovery.
In some cases, the amount of money you receive per day comes from your normal daily wages. For example, let’s say you work a job that pays you $200 every day. You have a motorcycle accident and require three weeks (15 work days) to recover. If your lawyer uses the per diem method to calculate your non-economic damages, you will be entitled to receive $3,000 for your non-economic losses ($200 x 15 days = $3,000).
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Other Methods Used to Calculate Non-Economic Damages
We’ve discussed the two primary methods used to calculate pain and suffering damages for motorcycle accidents. However, insurance companies may use other methods in some situations. Many companies utilize computer programs designed to assess these losses.
You can work with a lawyer to get information about the specific method used in your claim. Your lawyer may also discuss the economic losses associated with your case.
Get More Information About Your Compensation for a Motorcycle Accident
You can review all the methods used to calculate pain and suffering in motorcycle accidents in Georgia in more detail with our team at Kaine Law.
Get started today by calling (404) 214-2001.