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Compensation for Motorcycle Accident Pain and Suffering


Motorcycle accidents can have brutal consequences due to the lack of physical protection that motorcyclists have while on the road. Unlike cars, they are not protected on all sides, and are therefore more susceptible to severe personal injuries. Motorcyclists injured in an accident, like any other victims injured in an accident, have a right to file an insurance claim to receive compensation for any damages they’ve suffered as a result of an accident, including pain and suffering. Below, our experienced team of California’s best motorcycle accident attorneys from West Coast Trial Lawyers break down pain and suffering compensation for motorcycle accidents so that they can better understand how getting compensation for their physical and emotional injuries works. 

What is Pain and Suffering?


Pain and suffering is a type of non-economic damage sustained in an accident that was caused by someone else’s negligence. This is important to note - pain and suffering can only be accounted for if someone else is liable for the injuries that caused these damages to the victim of the injury. Pain and suffering is a type of non-economic damage, which is different from an economic damage because it is not readily calculable to a dollar amount, because it is not based on hard numbers already established about how much money a person has lost and will lose in the future. Rather, pain and suffering accounts for a kind of loss of quality of life due to physical and emotional damages resulting from injuries sustained in an accident. Injuries such as broken bones, spinal injuries, and injuries that require surgery can all carry physical and emotional consequences for the victim that can constitute pain and suffering.

Some Examples of Injuries that Can Result in Pain and Suffering 
  • Broken Bone - If a motorcyclist gets into an accident caused by a negligent driver and breaks their leg, pain and suffering for the victim can result. For example, pain and suffering they experience from having this broken leg is that they cannot ride their motorcycle, walk, run, or enjoy life as they usually would be able to. They deal with the pain of having a broken leg and with the suffering of not enjoying life for the duration that they are healing. 
  • Spinal Cord Injury - A motorcyclist receiving a spinal cord injury as a result of an accident caused by the negligence of another person is a prime example of pain and suffering. The pain that they suffer comes from the spinal cord injury itself, they might be in constant back pain or even numbed in the case that they are paralyzed. The suffering comes from the loss of enjoyment of life the person with the spinal cord injury faces thereafter - the constant pain and/or physical consequences that won’t allow them to engage in their normal, everyday activities. 
  • Injuries That Require Surgery - If a motorcyclist sustains an injury that requires surgery from an accident caused by another person, such as a spinal cord injury, brain injury, or organ damage, for example, this is proof of the pain which caused the need for the surgery. The suffering is the result of the pain and the surgery, such as decreased quality of life. For example, if a motorcyclist gets in an accident and requires surgery for collarbone fragmentation, they will not only have to heal from the accident and surgery for a couple of months, but they will also have to live with the scarring from the surgery for the rest of their life. 

How Can You Determine Compensation for Pain and Suffering?


Compensation for pain and suffering accounts for the largest portion of available damages from an insurance claim. However, as mentioned earlier, because it is not an economic damage, meaning that it is not related to financial loss, but rather quality of life, it is not easily calculable at a glance. 

There are several contributing factors to calculating compensation for pain and suffering: 

  • Severity of the injury
  • Medical treatment received for the injury 
  • Recovery time
  • Possible long term effect of the injury

Since most of these factors are accounted for over a course of long periods of time, determining compensation for pain and suffering is only an estimated projection of the amount of money you should be awarded. 

What’s With the Bias Against Motorcyclists in Receiving Fair Compensation?


Motorcyclists are commonly seen in a bad light in societal standards. Oftentimes, prejudices against motorcyclists come into play when insurance companies or the court of law are devising compensation for damages, including pain and suffering. Motorcyclists are stereotyped to be rebellious speed mongers who partake in dangerous driving at their own risk. When motorcyclists are injured in an accident, it is common for people to state that it is their own fault for driving a motorcycle, though this is likely not the case if another driver’s negligence caused the accident.

This bias against motorcyclists comes into play on the end of insurance companies and in the court of law as well. Insurance companies are already in the business of maximizing profits at the hand of their clients losses. An insurance company representative is trained to offer their clients and pressure them to accept minimum compensation for insurance claims. If you are a motorcyclist making an insurance claim, this bias against motorcyclists only strengthens the insurance company representatives’ argument to offer you less compensation or flat out deny your claim. Should the insurance company deny your claim, you have the right to open up a lawsuit against the company, however you need to be aware that this bias against motorcyclists carries into the court of law as well.

The bias against motorcyclists is why you should get an experienced motorcycle accident attorney who knows how to handle the insurance companies and get you the maximum compensation that you deserve.

West Coast Trial Lawyers Can Help You in the Face of Bias Against Motorcyclists and Get the Compensation for Pain and Suffering That You Deserve


West Coast Trial Lawyers is California’s top team of motorcycle accident injury attorneys - we know how to take on insurance companies and fight to get you the maximum compensation that you deserve. Contact us for a free, no obligation consultation by calling (888) 243-1195 or by emailing [email protected] today. You won’t owe us a penny until we win. También, ofrecemos servicio en español, ¡contacténos hoy!

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