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Can I sue for emotional distress after a motorcycle accident?

motorcycle injury attorney

As a motorcycle injury attorney, people often ask many questions about motorcycle accidents and the injuries that happen. While most people know your right to sue for physical injuries, they often ask a question about emotional trauma. It is often as straightforward as, “Can I sue for emotional distress after a motorcycle accident?”

While motorcycle accidents can be extremely traumatic to a person’s body, emotional distress can also take a toll on people. Of course, you can sue for physical injuries in a motorcycle accident, but can you sue for emotional distress?

After a motorcycle accident, you can claim compensation for medical expenses, lost wages, loss of potential future income, and motorcycle repair or replacement costs. 

Outside of tangible damages, you can also receive compensation for pain and suffering. “Pain and suffering” is a general term encompassing all your non-monetary losses, like physical pain, traumatic flashbacks, reduced quality of life, and emotional distress. 

How do you calculate emotional distress damages?

How do you place a price tag on constant anxiety or losing the joy of doing something you love? There are usually two methods to calculate pain and suffering damages: the per diem or multiplier. 

The Per Diem Method

With the Per Diem Method, insurance companies set an amount to compensate you for pain and suffering throughout each day of your recovery period. This method is more suited for injuries with a shorter recovery time. 

The Multiplier Method

The Multiplier Method fits best with long-term injuries. The insurance sums up all tangible accident-related costs, like medical bills and lost wages, and multiplies the result by a specific number, usually between 1.5 and 5. Typically, the more severe the injuries, the higher the multiplier. 

Limits on pain and suffering damages

In some states, there are limits on the amount of pain and suffering damages a victim can claim. Fortunately, Texas has no such law for motorcycle accidents. 



With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims. If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth, TX. We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.


If you or someone you love has been in a motorcycle accident and was seriously injured, you will need all the help available. Our motorcycle injury attorney teams handle cases on behalf of those seriously injured. We also analyze the accident to identify all the potentially responsible parties and their insurance companies. Our team works with life planners to determine estimates of your future treatment needs and living expenses because of the injury. It is vital to account for future medical costs and lost income in addition to current medical bills when preparing a claim for compensation. Our motorcycle accident lawyers negotiate aggressively on behalf of our clients for a settlement that reflects the severity of the motorcyclist’s injuries. A settlement is the quickest way to get the money that you need to regain control of your life. Unfortunately in some instances, an insurance company will simply refuse to do what is right. Our attorneys are prepared to go to court to seek justice and we are confident of our litigation skills. If you or your loved one has been injured in a motorcycle crash caused by someone else, request a free consultation to speak with our attorneys on how we can help you. Want more information on what to expect from a motorcycle lawyer? Visit this webpage for more info! https://www.herrmanandherrman.com/texas-personal-injury-firm/motorcycle-accident-lawyers/

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