Am I Entitled to Compensation for My Pain and Suffering After a Motorcycle Accident?

Whether you are entitled to compensation for your pain and suffering after a motorcycle accident depends on who was at fault in the collision. As long as you were not primarily at fault, you are entitled to compensation—and, if the collision was entirely someone else’s fault, you are entitled to full compensation for your financial and non-financial losses. Learn more from the Dallas motorcycle crash attorneys at Hammerhead Motorcycle Law.

Motorcycle accidents frequently result in serious pain and suffering. In many cases, injured riders will face long-term pain and suffering—and they will also face expensive medical bills, loss of wages, physical disabilities, mental trauma, and other financial and non-financial losses.

If you are facing these losses, you need a team of experienced Dallas motorcycle crash attorneys on your side.

In Texas, injured riders are entitled to compensation for their pain and suffering (and other losses) when someone else is to blame for their accident-related injuries. Under the state’s “comparative negligence” law, riders can seek compensation as long as they are not primarily responsible for causing their motorcycle accident.

What is Texas’ “Comparative Negligence” Law and How Does it Apply to Motorcycle Accidents?

Texas’ “comparative negligence” law plays a key role in motorcycle accident cases. This law (Section 33.001 of the Texas Statutes) states that accident victims are entitled to seek just compensation as long as their percentage of responsibility is not “greater than 50 percent.”

As a rider who was injured in a motorcycle accident, this means that you can file a claim as long as your accident was not primarily your fault. Under Texas’s “comparative negligence” law:

• If Your Motorcycle Accident was Entirely Someone Else’s Fault: You are entitled to recover full compensation for your accident-related losses (including your pain and suffering).
• If You Were 50 Percent at Fault in Your Motorcycle Accident: You are entitled to 50 percent of the compensation you would otherwise be entitled to recover.
• If You Were 51 Percent at Fault (or More) in Your Motorcycle Accident: You are not entitled to any compensation for your accident-related losses under Texas law.

If you have been seriously injured in a motorcycle accident, our Dallas motorcycle crash attorneys can investigate to determine your percentage of fault (if any). Once we have the evidence we need to prove your legal rights, we can then deal with the insurance companies on your behalf. The insurance companies routinely try to avoid liability by accusing injured riders of being primarily responsible for their own injuries, so it is important to have an experienced legal team on your side.

How Can I Prove My Pain and Suffering After a Motorcycle Accident?

Let’s say you are entitled to compensation for your motorcycle accident. How do you prove your pain and suffering?

Proving your pain and suffering after a motorcycle accident requires several forms of documentation. Crucially, not only must you be able to prove your pain and suffering to date, but you must also be able to prove the pain and suffering that your doctors expect you to suffer in the future. With this in mind, some examples of key types of evidence include:

• Medical records
• Prescriptions for pain medications
• Reports and testimony from medical experts
• Photos and videos documenting your injuries
• Photos and videos documenting the recovery process
• A daily log or “pain journal” where you record the effects of your injuries
• Written statements and testimony from friends and family

When we represent injured riders in the Dallas area, we work closely with our clients and their doctors to understand the long-term financial and non-financial impacts of their injuries. We also engage other specialists and experts as necessary. Our lawyers can explain how to document your pain and suffering on an ongoing basis, and we can determine what constitutes “just” compensation for your losses under the circumstances.

FAQs: Seeking Compensation for Your Pain and Suffering After a Motorcycle Accident in Dallas

How much can injured motorcycle riders collect for their pain and suffering?

If you are entitled to compensation for your pain and suffering after a motorcycle accident, the amount you are entitled to recover is unique to you. Once our experienced Dallas motorcycle crash attorneys learn about your situation, they can provide a custom-tailored assessment of your legal rights.

What if the insurance company says my motorcycle accident was my fault?

If the insurance company says your motorcycle accident was your fault, you should not accept this as the last word on your claim. This is a common insurance defense tactic in motorcycle accident cases. To ensure you make informed decisions, consult an experienced attorney right away.

Do I need an attorney to seek compensation for my pain and suffering after a motorcycle accident in Dallas?

While hiring an attorney is not legally required, practically speaking, you will need an experienced attorney to seek compensation for your pain and suffering after a motorcycle accident in Dallas. This part of the process is particularly complex, and you cannot expect the insurance company to simply pay what it owes.

How Our Dallas Motorcycle Crash Attorneys Can Help

We are committed to seeking just compensation for injured motorcycle riders in Dallas. If you are entitled to compensation for your pain and suffering after a motorcycle accident, we can do what it takes to seek the compensation you deserve. We provide free, no-obligation consultations, and we do not charge any legal fees or costs unless we win.

Schedule a Free, No-Obligation Consultation at Hammerhead Motorcycle Law

If you need to know more about seeking just compensation for your pain and suffering after a motorcycle accident, we strongly encourage you to get in touch. To discuss your legal rights with one of our experienced Dallas motorcycle crash attorneys as soon as possible, call us at 469-368-5564 or request a free, no-obligation consultation online now.