Motorcycle accidents cause serious and lasting injuries. You will experience numerous physical effects of these injuries that can greatly take away from your quality of life. Accordingly, pain and suffering is a large part of your motorcycle accident claim, especially when you have suffered a severe injury.
The insurance company has their own ways to minimize your claim in every way they can. One of the things that they do is to try to minimize your injuries because they do not want to pay you the full amount of pain and suffering damages.
Hire a New Hampshire motorcycle accident lawyer to tell your own story and stand up for you when the insurance company wants to underpay your claim.
If worst comes to worst, a New Hampshire motorcycle accident attorney can file a lawsuit on your behalf if you cannot reach a settlement agreement with the insurance company.
What Constitutes Pain and Suffering in New Hampshire?
Pain and suffering includes both physical pain and emotional trauma experienced after an accident. This can range from broken bones and surgeries to anxiety, PTSD, depression, and reduced quality of life.
Unlike medical expenses or lost income, which have clear financial values, pain and suffering is subjective and varies from person to person.
In the context of a motorcycle accident, pain and suffering may stem from:
- Intense or chronic physical pain
- Emotional trauma from the crash
- Psychological conditions like depression or anxiety
- Loss of enjoyment of life
- Scarring or disfigurement
- Limitations in mobility or function
- Sleep disturbances
- Loss of relationships or companionship
How Juries and Insurance Companies Calculate Your Pain and Suffering Damages
New Hampshire law provides no set formula to calculate pain and suffering. A jury must award an amount it finds fair and reasonable based on your case. To demonstrate the extent of your suffering, your attorney presents evidence showing how the accident affected your life.
Insurance companies do not have a fixed formula for calculating pain and suffering damages, but they often rely on general methods to assign a monetary value to your physical and emotional hardships. Two of the most common methods are the multiplier method and the per diem method.
With the multiplier method, the insurer adds up your economic damages—such as medical bills and lost income—and multiplies that amount by a number. The multiplier used depends on factors such as the severity of your injuries, the length of your recovery, and how much the injury has affected your life.
The per diem method assigns a daily value (often based on your daily earnings) to the pain and suffering you endure during your recovery. That amount is then multiplied by the number of days you experience physical or emotional hardship.
Insurance companies may also consider medical records, photos, prescriptions, psychological counseling, and witness statements when evaluating your claim. However, adjusters often try to minimize non-economic damages or claim that you’re exaggerating your pain.
New Hampshire courts or juries do not use these formulas. A jury awards what it deems fair and reasonable based on the evidence.
The Insurance Company Does Not Get the Final Say About Your Pain and Suffering Damages
While insurance companies often make the first offer in a personal injury claim, they do not have the final say when it comes to determining the value of your pain and suffering damages.
Their primary goal is to minimize payouts and protect their bottom line—not to ensure you receive fair compensation. As a result, initial settlement offers often undervalue the emotional and physical toll of your injuries.
You can reject a low offer and negotiate for a higher amount. You also have the right to take your case to court if the insurer refuses to offer a fair settlement. In court, a judge or jury—not the insurance company—will determine what your pain and suffering is truly worth based on the evidence presented.
This is why working with a NH motorcycle accident attorney is so important. An experienced New Hampshire injury lawyer will assess the full impact of your injuries, gather evidence, and advocate for a settlement or verdict that reflects the real cost of your suffering.
Do not let the insurance company dictate the value of your pain. You have options—and the law is on your side when you fight for the compensation you deserve.
How to Maximize Your Pain and Suffering Damages in a Personal Injury Case
Maximizing your pain and suffering damages in a personal injury case requires more than just stating that you are in pain—it demands a strategic approach supported by strong evidence and legal guidance. Here are key steps to help strengthen your claim:
- Seek Prompt and Consistent Medical Treatment: Timely medical care creates a documented record of your injuries, symptoms, and treatment. Gaps in treatment can be used against you to argue that your pain wasn’t significant or ongoing.
- Follow All Medical Advice: Failing to follow your doctor’s recommendations can hurt your credibility. Completing treatment plans, attending physical therapy, and taking prescribed medications show that you’re actively trying to recover.
- Document Your Pain and Limitations: Keep a daily journal describing your pain levels, emotional state, and how your injuries affect daily life. Include sleep issues, mobility challenges, and missed activities or events.
- Preserve Evidence: Photographs of your injuries, medical devices, and prescriptions help paint a full picture of your suffering. So do witness statements from friends or family who can testify to changes in your behavior and lifestyle.
- Avoid Social Media Pitfalls: Posts that show you active or smiling can be taken out of context by insurers to minimize your suffering. Stay off social media or keep your accounts private and inactive.
FAQs About Pain and Suffering
Is there a cap on pain and suffering damages in New Hampshire motorcycle accident cases?
No. For most personal injury cases, including motorcycle accidents, New Hampshire does not place a monetary cap on non-economic damages like pain and suffering. The amount awarded depends entirely on the evidence presented about the severity and impact of your injuries.
How does New Hampshire’s at-fault law affect my claim?
New Hampshire uses a modified comparative negligence rule. You can recover damages as long as your share of fault is not greater than the fault of the other party (i.e., you are 50% or less at fault). A judge or jury will reduce your final award by your percentage of fault.
How long do I have to file a lawsuit for a motorcycle accident in New Hampshire?
New Hampshire’s statute of limitations generally gives you three years from the date of the motorcycle accident to file a personal injury lawsuit. If you fail to file a claim within this time frame, you will likely lose your right to seek any compensation.
Do I have to go to court to receive pain and suffering damages?
No, you do not always have to go to court. Most motorcycle accident claims resolve through a negotiated settlement with the at-fault party’s insurance company.
An effective settlement negotiation includes presenting strong evidence of your pain and suffering to convince the insurer to offer a fair amount without needing a trial. However, if the insurer refuses to offer a reasonable settlement, filing a lawsuit may become necessary to protect your rights.
Hire an Experienced New Hampshire Motorcycle Accident Attorney
A skilled New Hampshire motorcycle accident lawyer can accurately value your claim, gather compelling evidence, and negotiate assertively with the insurance company or present your case in court if necessary.
By taking these steps, you can present a clear, credible picture of your pain and suffering and increase your chances of receiving the compensation you deserve. Your personal injury lawyer should stand up for your legal rights and fight the insurance company if they will not fully pay you for your pain and suffering. Call today.