Motorcycle accidents often result in serious injuries. Under Pennsylvania laws, someone who is injured due to the negligence of another party is entitled to recover for financial damages as well as emotional damages, or pain and suffering damages. For more information about recovering damages in a Pennsylvania motorcycle accident case, access this free legal article.
Financial damages are relatively straightforward. Lost wages, medical bills, and out of pocket expenses can be totaled. In addition, future lost wages and future medical expenses can also be projected. Making a financial damage claim, for the most part, involves calculations.
Pain & Suffering Damage Claims in a Pennsylvania Motorcycle Accident Lawsuit
However, making a pain and suffering damage claim is not so straightforward. In Pennsylvania, a motorcycle rider’s pain and suffering can include compensation for the following:
- physical pain and discomfort,
- stress, and
- mental anguish.
Making a pain and suffering claim requires a deep understanding of who the plaintiff was before the accident and how the plaintiff has changed after the accident. Presenting the damages case well means being able to get an insurance adjuster and ultimately a jury or judge to sympathize with the plaintiff.
In a motorcycle accident case, that means showing just how much riding meant to the person. In addition, giving concrete examples of embarrassment, discomfort, etc. are very important. This is where friends and family members come in. By having people close to the plaintiff offer testimony via specific examples of how the plaintiff is affected by the accident and injuries, the jury is able to get a sense of who the plaintiff is and what his or her life is now like.
For example, in a motorcycle accident case which resulted in use of a cane, having the plaintiff’s daughter testify that the plaintiff was unable to walk her down the aisle at her wedding demonstrates the pain and suffering in a real, meaningful way.
For more information, contact a Philadelphia, Pennsylvania motorcycle accident lawyer.
More Pennsylvania Motorcycle Accident Legal Articles:
- What to Expect in a Pennsylvania Motorcycle Accident Lawsuit
- Three Common Motorcycle Accident Scenarios
- Pennsylvania Motorcycle Accident Law – Who Pays for Medical Bills?
Pennsylvania Motorcycle Accident Law Firm
Schwartz & Blackman handles motorcycle accident cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: September 4, 2012