After two years of litigation, a jury awarded $3.8 Million to 24-year-old Anthony Ellis for damages sustained in a serious motorcycle accident. The crash left the motorcycle rider with life-changing injuries. The award, $3.5 Million of which is for non-economic damages, will help the accident victim regain a sense of direction and find closure after an arduous physical recovery and contentious legal battle. As personal injury lawyers at Tapalian Law, we know the severity of injuries that can result from a motorcycle crash. We help victims of motorcycle accidents in Rhode Island and Massachusetts recover compensation after being hit by a car and suffering life-threatening complications like head trauma, brain injuries, and broken bones. Recovery from a major collision is often painstakingly extensive for the hurt victim and a tumultuous time for the person’s family.
Insurance Company Refused Settlement for Accident Injuries
The crash took place in 2016 while Ellis was riding his motorcycle north on U.S. Highway 301 in Riverview, Florida and he was “t-boned” by the driver of a car who made a left turn in front of him. The collision threw Ellis and his motorcycle into a drainage ditch causing him severe injuries that required lengthy medical treatment. His left knee required surgical reconstruction and the bones of his left foot were dislocated and broken. The victim also broke his right finger and right toe, and pieces of gravel were removed from his right knee. For over a year the at-fault driver’s insurance company, GEICO, chose not to settle the injury claim within the parameters of its insureds’ coverage. They disputed the accident was the full fault of their insured by claiming Ellis was riding his motorcycle with the headlights off. The lawsuit was filed on behalf of Mr. Ellis in the Florida judicial system after his lawyers were unable to negotiate a reasonable settlement with GEICO.
Often times, an injury lawyer is able to negotiate a fair settlement with the insurance company in order to avoid the lengthy process of filing a lawsuit. A personal injury lawsuit can be time-consuming and stressful for an accident victim, and expensive for an insurance company, so both sides are often eager to negotiate out of court. However, if the insurance company is unwilling to fairly compensate an accident victim, the injury attorney will file suit to seek justice.
Economic Damages vs. Non-Economic Damages
When a plaintiff can prove a defendant is responsible for their damages in a personal injury case, they may be able to seek economic and non-economic damages. In the case of the motorcycle crash, the plaintiff Mr. Ellis was awarded $3.5 Million in non-economic damages, the remainder of his reward was for economic damages. So, what is the difference between economic damages and non-economic damages?
Economic damages are compensation rewarded due to monetary losses a person incurred as a result of the accident. Economic damages may include medical bills, lost wages, loss of future earning capacity, damage to property, rehabilitation costs, household services, and out-of-pocket expenses.
Non-economic damages, also known as pain and suffering, are less concrete and their economic value is subject to the determination of the jury as there are no bills or receipts to corroborate these types of losses. Non-economic damages may include pain, emotional anguish, loss of enjoyment of activities, damage to reputation, and further impairment to previous injuries. In some cases, the spouse of the injured person may seek loss of consortium, another type of non-economic damage.
When a person experiences a major injury, it can forever change their life. Daily activities such as getting dressed or playing with their child may be pain-inducing. Activities the person used to enjoy may no longer be possible. Non-economic damages address this type of “loss of joy” in daily living. For example, Mr. Ellis was in the process of applying to the Air Force prior to his motorcycle accident but can no longer run or swim due to his injuries, so is unable to continue with that path.
Contact Tapalian Law After A Motorcycle Crash
If you’ve been hurt in a motorcycle accident, seek immediate medical treatment and contact a Rhode Island personal injury lawyer. At Tapalian Law, our firm focuses on personal injury and helping those hurt in car accidents, truck accidents, and motorcycle accidents, seek compensation for their losses. An attorney experienced with motorcycle accidents in Rhode Island like David Tapalian can help you file a personal injury claim against the driver who hit you and determine your potential eligibility for economic & non-economic damages. We will aggressively pursue a fair monetary settlement with the insurance company, and if necessary, file a personal injury lawsuit to get you what you deserve. Call us today at 401-552-5000, or contact us online.