How to be fairly compensated for pain and suffering in a Texas motorcycle accident case.
A big component in obtaining fair compensation is being adequately compensated for pain and mental anguish. Sure, this compensation plays a role in any personal injury case, but matters most in motorcycle accident cases because motorcyclist are much more exposed and motorcycle accidents cause more trauma when an accident occurs.
In this article we'll explain what exactly pain and suffering is and how we prove it in the court room.
Questions answered in this article:
- What is pain & suffering?
- What qualifies as mental anguish?
- How do juries come up with damage amounts?
What is pain and suffering?
You hear lawsuits involving "pain and suffering" all the time. This isn't just a general category that allows the jury to spitball an amount that they think would be enough to ease the pain and suffering of the victim. There must actually be documented pain and suffering that is either qualified by medical documentation, or, the opinion of a professional in the medical field.
- Proving Pain and Suffering:
You wouldn't think so, but pain is a tough thing to prove due to it being a sensation and thus, largely subjective in nature. Only you truly know how much pain you are in after an accident. Simply saying that you have back pain doesn't necessarily mean you'll be compensated for it. To what degree is the severity of the pain? Was there a preexisting condition that was just exacerbated by the accident? Or was your back perfectly fine before the accident?
Not only do you have to prove that you are indeed in pain due to the negligent actions of another driver, but also, to what degree that pain changes your standard of living that you enjoyed before the accident. This is where we call in the professionals. We have a team of medical experts that are at the very top of their fields that are ready when we need them to assess your injuries and testify in court. As you can imagine, not all medical experts can stand up to cross-examination, which makes our hand picked team that much more valuable to get you the compensation you deserve.
For example, say that you were struck by a negligent motorist, however, you have only some scratches and bruises. Further, the blunt force trauma did not break any bones. Still, the trauma is causing severe back pain due to your body twisting in an unnatural way during the accident. These medical experts can examine and investigate what is causing your pain and help qualify your claim with their expert opinions.
How do juries come up with compensation figures for my case?
The truth is, there is no hard and fast formula for juries to formulate reasonable compensation in your case other than the guidance of the judge presiding over your case.
With the help of our team of pain management experts and psychologists we can help you to state your case in a way that the jury will truly understand the suffering that a negligent driver has caused in your motorcycle accident case. We even go so far as to record a "Day in the Life of..." video to show exactly how you have been impacted by the accident.
Your compensation will only be as good as your attorney
Few law offices have the experience that Grossman Law Offices possesses. Not only do our attorneys have vast motorcycle accident case experience, but, so do our medical experts. And, believe me, that makes all the difference in your case. Don't trust your case to an attorney that isn't willing to go the extra mile to win your case. Give us a call at (855) 326-0000. If we don't win your case, you don't owe us a cent.
Related Articles For Further Reading:
- Jury Bias Against Motorcyclists Is Real: Here's How We Overcome It.
- How Do Insurance Adjusters View Motorcycle Claims?
- What Determines that Value of Your Case?