Injured in a Motorcycle Crash: Can I File for Pain and Suffering?

Every year, thousands of motorcyclists suffer serious injuries across California, and many of them ask the same question after a crash: Can I be compensated for my pain and suffering? 

If you’ve been hurt in a motorcycle crash, especially on busy streets like Truxtun Avenue or near the Bakersfield Sports Village, your injuries’ impact extends well beyond the physical. Emotional distress, anxiety, and a reduced quality of life often linger long after the wounds have healed. 

Here’s an explanation of how pain and suffering are managed in personal injury cases, along with steps to protect your rights.

What Is “Pain and Suffering” in California?

In a legal sense, pain and suffering refer to the non-economic damages you experience after a motorcycle accident—things that don’t come with a receipt but can have a lasting impact on your life.

There are two parts:

• Physical pain: This includes ongoing discomfort from serious injuries, such as a spinal cord injury, broken bones, or a traumatic brain injury. You may require long-term medical care, surgeries, or physical therapy.
• Mental suffering: This refers to emotional distress, including anxiety, depression, PTSD, sleep disturbances, or fear of riding again. It’s the psychological burden of the accident.

Even if your economic damages—such as lost wages and medical bills—are covered, non-economic damages like pain and suffering can be a large part of your personal injury claim.

Can You File for Emotional Distress After a Motorcycle Crash?

Yes, California law allows accident victims to pursue damages for emotional distress in both intentional and negligent scenarios.

• Intentional Infliction of Emotional Distress (IIED): Happens when someone purposely causes trauma, such as threatening or endangering your life.
• Negligent Infliction of Emotional Distress (NIED): Happens when someone’s carelessness causes psychological harm, like a distracted driver crashing into your bike.

In both cases, you’ll need to prove the severity of your mental suffering using medical records, police reports, and possibly expert testimony.

What Affects the Value of Your Pain and Suffering?

Unlike economic damages, there’s no straightforward bill or invoice for your emotional pain. The worth of these non-economic losses, as proven damages, relies on several factors:

• Severity of Injuries
  The more severe and long-lasting your injuries, the higher the possible non-economic damage.
• Medical Treatment Received
  Ongoing medical care, medications, and therapy demonstrate the seriousness of your condition.
• Impact on Daily Life
  This can increase compensation if you can no longer work, care for your family, or participate in activities you love.
• Visible vs. Invisible Injuries
  Physical pain is easier to show than mental suffering, but both matter. Professional documentation helps.
• Credibility of Evidence
  Detailed medical records, therapy notes, and police reports strengthen your case.
• Expert Testimony
  Doctors, therapists, or accident reconstructionists can add weight to your personal injury claim.

How Do You Prove Pain and Suffering?

You’ll need to build a solid case with clear documentation. Here’s what helps:

1. Medical records showing long-term pain or psychiatric conditions
2. Notes from mental health professionals (e.g., for anxiety, depression)
3. Personal journals detailing your day-to-day struggles
4. Photos of physical injuries
5. Testimony from family or coworkers
6. Insurance information and claim statements
7. Police reports detailing the crash

What Types of Damages Can You Recover?

Here’s a breakdown of damages in personal injury law:

Step-by-Step: What to Do After a Motorcycle Accident

Following the right steps can protect your rights and help you pursue a strong claim:

1. Call 911 and seek medical attention.
   Even if injuries seem minor, internal damage like a head injury can be serious.
2. Document everything.
   Photos of the scene, injuries, and road conditions are crucial.
3. Get the driver’s insurance information.
   Your insurance claim may depend on liability being proven.
4. Keep all receipts and records.
   Include doctor’s visits, medication, travel expenses, and more.
5. Speak to a Bakersfield motorcycle accident lawyer.
   Legal advice is essential to understanding your rights and options.

Don’t Let Insurance Companies Decide Your Future

Whether you were hit near Ming Avenue or on Highway 99, motorcycle crashes can leave lasting physical and psychological scars. If you’re suffering from trauma, pain, or life changes after an accident, know that you’re not alone, and you’re not powerless.

At our personal injury law firm, we understand the toll these crashes take on you and your family. That’s why we offer free consultations to motorcyclists in Bakersfield and throughout California. Our Bakersfield motorcycle accident lawyer will review your case, explain your options, and help you pursue the full compensation you deserve.

Contact us today to speak with our team.