Fort Pierce Bicycle Accident Lawyers
Cycling is one of the most popular ways to get around in Florida. Because of the Sunshine State’s temperate climate, commuters and exercise enthusiasts alike can enjoy cycling 12 months out of the year.
Despite the many health and environmental benefits of cycling, though, riding alongside traffic is always going to pose the risk of serious injury and even death. At the end of the day, bikes are no match for motor vehicles in forceful impacts.
If you or someone you love was struck by a drunk, distracted, or otherwise reckless motorist while cycling, contact Donaldson & Weston. Our personal injury lawyers will evaluate the circumstances of the incident to determine the most strategic way for you to proceed. Call 772-266-5555 to schedule a free case evaluation with one of our knowledgeable and experienced Fort Pierce bicycle accident attorneys.
Despite the many health and environmental benefits of cycling, though, riding alongside traffic is always going to pose the risk of serious injury and even death. At the end of the day, bikes are no match for motor vehicles in forceful impacts.
If you or someone you love was struck by a drunk, distracted, or otherwise reckless motorist while cycling, contact Donaldson & Weston. Our personal injury lawyers will evaluate the circumstances of the incident to determine the most strategic way for you to proceed. Call 772-266-5555 to schedule a free case evaluation with one of our knowledgeable and experienced Fort Pierce bicycle accident attorneys.
How to Calculate Pain and Suffering Damages in a Bicycle Accident Claim
The damages that result from a bicycle accident can be significant. In addition to economic damages like medical expenses and lost wages, victims may have to cope with physical pain and emotional suffering while they recover.
Although estimating economic damages can be fairly straightforward, quantifying pain and suffering poses a challenge because there are no accompanying receipts, records, or invoices. To overcome this problem, there are two widely accepted formulas for calculating pain and suffering.
The first approach is called the “multiplier method.” To apply this formula, simply multiply the total special damages, which includes your medical expenses and lost wages, by a factor that ranges from 1.5 to 5. More severe injuries or those that cause permanent scarring, disfigurement, or disability will warrant a higher multiplier.
The second approach is called the “per diem method.” This formula assigns a daily rate to your pain and suffering. It should be a fairly reasonable figure such as $200 or a full day’s wages. Then, multiply the daily rate by the number of days you spend recovering.
For example, if it takes you six months to reach maximum medical improvement and your attorney can justify using $150 as the daily rate, your lawyer would multiply $150 by 180 days and arrive at $27,000 for pain and suffering.
It’s important to note that these formulas are for estimating pain and suffering damages only. Even though insurance adjusters often use them to determine the total value of a claim, you are not necessarily guaranteed to recover the figure you arrive at simply because you used a widely accepted formula.
Fortunately, there are ways to contextualize your pain and suffering, which can help you prove that you deserve the compensation you are seeking. You can do this by supplementing your claim with:
Although estimating economic damages can be fairly straightforward, quantifying pain and suffering poses a challenge because there are no accompanying receipts, records, or invoices. To overcome this problem, there are two widely accepted formulas for calculating pain and suffering.
The first approach is called the “multiplier method.” To apply this formula, simply multiply the total special damages, which includes your medical expenses and lost wages, by a factor that ranges from 1.5 to 5. More severe injuries or those that cause permanent scarring, disfigurement, or disability will warrant a higher multiplier.
The second approach is called the “per diem method.” This formula assigns a daily rate to your pain and suffering. It should be a fairly reasonable figure such as $200 or a full day’s wages. Then, multiply the daily rate by the number of days you spend recovering.
For example, if it takes you six months to reach maximum medical improvement and your attorney can justify using $150 as the daily rate, your lawyer would multiply $150 by 180 days and arrive at $27,000 for pain and suffering.
It’s important to note that these formulas are for estimating pain and suffering damages only. Even though insurance adjusters often use them to determine the total value of a claim, you are not necessarily guaranteed to recover the figure you arrive at simply because you used a widely accepted formula.
Fortunately, there are ways to contextualize your pain and suffering, which can help you prove that you deserve the compensation you are seeking. You can do this by supplementing your claim with:
- Photographs of any visible wounds;
- Diagnostic images;
- Medical records;
- Statements from medical experts; and
- Journal entries detailing the ways in which the injuries are affecting your everyday life.
Written by
John Pape
John Pape is the Managing Partner at Weston & Pape and has more than 30 years of experience representing injured clients across Florida. A summa cum laude graduate of the University of Miami School of Law, he has devoted his entire career to personal injury cases, including motor-vehicle accidents, wrongful death, and nursing-home neglect. Recognized by Verdict7, The National Trial Lawyers Top 100, and Premier Lawyers of America, John is known for his thorough preparation and commitment to achieving meaningful results for his clients.
