What Is Pain And Suffering In A Legal Case? Everything You Need To Know

Riding a motorcycle is fun, but it can also be risky because of the actions of others on the road. Unlike other vehicles, you don't have much protection if you crash. Additionally, riding a motorcycle can be dangerous on roads with a lot of potholes or if you're riding in unsafe weather conditions. Below are some tips for staying safe while riding.

Staying Safe on a Motorcycle in Wisconsin

Take a Safety Course: Riding a motorcycle requires good judgment and skill, and a safety course will help you achieve that. A motorcycle safety course will teach you the rules of the road and what to do in unpredictable riding situations.

Wear Appropriate Gear: The right gear will protect you from debris, road rash, and the elements. Your gear should feature a helmet, leather jacket, eye protection, leather pants, over the ankle boots, and non-slip gloves. Appropriate protective gear can significantly reduce the risk of injuries or fatalities.

Keep Your Bike Maintained: Replace the air filter, change the oil regularly, and maintain your bike's tire pressure. Inspecting your motorcycle before you hit the road is also a good idea. Check your turn signals, headlights, taillights, fuel, brakes, handlebars, and mirrors.

Stay Alert: Being aware of your surroundings and riding defensively can prevent motorcycle accidents that could be caused by dangerous driving.

Maintain a Safe Distance: Riding too closely behind another vehicle is unsafe. It is advisable to stay a few seconds away from the car or motorcycle in front of you. This allows you enough space to stop during an emergency. Additionally, you should always have an escape route in mind if you cannot stop in time.

Be Visible: One of the most significant mistakes riders make is assuming they are visible to other motorists. Most motorcycle accidents are a result of drivers not seeing the motorcycle. You can stay visible by avoiding other motorists' blind spots, driving with a headlight, and wearing reflective clothing. Using your hand and turn signals can also help ensure you are visible.

Common Motorcycle Road Hazards

Distracted or Drunk Drivers: Although it may not be easy to identify if someone is drunk driving, it is wise to be attentive to your surroundings and take appropriate measures.

Rain or Snow: The hazardous weather can create slippery and unsafe road conditions. Avoid riding while it is raining or snowing.

Tar or Debris: Since tar has a different texture from asphalt, it can compromise traction. Additionally, parts of tire treads and other debris on the road can be hazardous to motorcycles.

Contact a Milwaukee Motorcycle Accident Attorney Today

If you or your loved one has been injured in a motorcycle accident in Wisconsin, working with a Milwaukee motorcycle accident attorney is in your best interest.

At Natasha Misra Law, we are equipped to offer the guidance you need to know whether you are entitled to compensation. We will provide the representation you need to pursue compensation if you qualify. Contact us today to schedule a consultation.

If you’re looking for a Milwaukee personal injury attorney due to a recent accident, car wreck, dog bite, or any other type of injury, you may have heard the term “pain and suffering” used to describe a certain type of legal damages that you can recover from the responsible party.

But what does this term actually mean in a legal case? How is it defined, and what are some common examples of pain and suffering in a personal injury case? We’ll discuss everything you need to know in this blog.

What Is Pain And Suffering?

It’s important to note that pain and suffering typically includes both past and future pain and suffering. Let’s discuss each one.

Past Pain and Suffering - this includes any physical pain, humiliation, embarrassment, worry and distress suffered from the date of the accident up to a specified time as a
result of the accident.
Future Pain and Suffering - this includes any physical pain, humiliation, embarrassment, worry and distress that the injured party will suffer in the future as a result of the accident. There are factors to consider such as the ability to enjoy activities and the benefits of life.

What Are Some Examples Of Pain And Suffering?

Let’s say that someone is riding a bike in Milwaukee in the bike lane, and they’re hit by someone who’s trying to turn right and doesn’t see them. They fall off of their bike, and experience a concussion, broken ribs, and a broken collarbone.

In this example, physical pain and suffering would be caused by the concussion as well as the broken bones and ribs. In a personal injury case, the bicyclist may be able to claim damages due to this physical pain and suffering.

Let’s also say that the incident was very mentally traumatizing to the bicyclist. They develop a fear of riding bikes, and can no longer enjoy their hobby. These issues may persist long after their broken bones heal. In this case, the victim may also be able to recover damages due to mental pain and suffering.

How Much Is Pain And Suffering Worth?

This depends entirely on the specifics of the case. There are no charts, standard documents, or other resources for juries to use to calculate pain and suffering – they must look at the specifics of the case, the extent of physical and mental trauma, and other information to decide what a reasonable judgment may be for pain and suffering.

Lots of factors can affect this, such as the testimony of the involved parties, documentation from doctors about pain and suffering, whether or not the witnesses and/or plaintiff are credible, and much more.

How Can You Prove Pain And Suffering?

There are many different types of evidence that a Milwaukee personal injury attorney may use to prove pain and suffering in a personal injury lawsuit. This may include:

Statements from the plaintiff and their family and friends
Medical records and medical bills
Psychiatric records and evaluations
Expert testimony
Witness testimony
Photos of your injuries

Injured? Need Help? Contact A Milwaukee Personal Injury Attorney

Pain and suffering often compose a large proportion of the damages awarded in a personal injury lawsuit. If you’ve been injured in Milwaukee, you need an experienced personal injury attorney who can help you get the compensation you deserve. So don’t wait. Contact Natasha Misra Law for a case review now. We’ll assess your situation, discuss your options, and help you find the best path forward after a life-changing injury in Milwaukee.

Natasha Misra

My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.