Pain and Suffering in Bike Accident Claims

‘Pain and suffering’ is a legal term used to cover the physical pain, emotional distress, and decreased quality of life resulting from an accident. While this type of loss is harder for a Phoenix bicycle accident attorney to prove than physical injuries, it can still have a significant impact on a victim’s quality of life. 

Pain and Suffering Explained

Victims of bike accidents can be left with permanent disfigurements, disabilities, and scars. These impairments can prevent a person from participating in activities they previously enjoyed and trigger serious anxiety, mental anguish, PTSD, depression, insomnia, and other emotional reactions to their new reality.

However, because pain and suffering aren’t always obvious, it can be hard to reach an agreement on the amount of compensation a victim deserves. Insurance companies will also do their best to undervalue pain and suffering and may try to link helmets and bike accident claims. 

To ensure you receive fair compensation for noneconomic damages, your attorney will need medical records from healthcare providers, photos of the injuries, detailed notes from therapists, witness testimonies from family members and others about how the accident impacted your life, and journals or diaries that describe your struggles after the accident. 

How Pain and Suffering Is Calculated

Because cyclists do not have much protection when they are riding, they can experience life-altering injuries from an accident. There are two ways pain and suffering are usually calculated in personal injury settlements:

• Multiplier method: Financial losses such as medical bills and property damage are totaled and multiplied by a number between 1.5 and five, depending on the extent and severity of the injuries.

• Per diem method: A daily rate (usually based on the victim’s daily wages) is multiplied by the number of days a victim suffers from their injuries during their recovery.

Keep in mind that Arizona is a pure comparative fault state. An injured cyclist can receive compensation for their losses even if they were partially responsible for the crash.

Legal Considerations for Bike Accident Claims

In Arizona, claims made for injuries, property loss, and pain and suffering are considered personal injury cases. Before making a claim for pain and suffering, the victim needs to prove that another party was responsible for the accident. 

Unfortunately, evidence can be hard to gather for bike accident claims, even when severe injuries are involved. This can make it difficult to prove who is liable. 

Turn to Bike Accident Legal Experts

Gage Mathers understands the legal complexities surrounding bicycle accidents. We bring a wealth of knowledge and experience to the table in order to ensure you are adequately compensated for your pain and suffering.

Contact Gage Mathers today for a free consultation. We’ll evaluate the circumstances of your case, walk you through the differences between bike and car accident claims, and give you an honest opinion about your legal options.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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