Paralyzed Florida Man Awarded Record $45 Million In Motorcycle Accident Lawsuit

Florida motorcycle accident lawsuit

This Florida motorcycle accident lawsuit involves a horrific crash between a car and a motorcycle in 2006. According to news reports, Cape Coral resident Gerald Aloia was riding his motorcycle on the Everest Parkway when the driver of a Chevy Corvette hit him. Aloia is now paralyzed and confined to a wheelchair.

He filed a personal injury lawsuit against the driver and a Fort Myers jury awarded him $44.9 million – which is thought to be the largest damages award in Lee County Florida's history. That compensation will go to his future medical care and that of his 20 year old daughter, Holly, who is also wheelchair bound due to an unrelated accident.

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Florida motorcycle accident damages

If you've been involved in a motorcycle accident, it's important to understand what damages you might be entitled to and how to receive the maximum compensation possible. Here's a quick look at each:

Motorcycle accident damages

Motorcycle accident damages generally consist of compensatory, general or punitive damages.

• Compensatory damages. Compensatory damages are those awarded to compensate for medical bills, lost wages and other expenses related to an injury – all the things that are out of pocket losses.
• General damages. General damages are those awarded to compensate for pain and suffering, anxiety, embarrassment, humiliation, anguish and fear – all the things that are basically human loss.
• Punitive damages. Punitive damages are those awarded when a person's conduct was intentional or egregious. They're awarded to punish the defendant.

How to receive the maximum compensation

Injured motorcycle victims can file lawsuits against defendants on their own (known as pro se), hire any attorney or hire an attorney whose practice focuses in this type litigation. Just as you would prefer having an experienced plumber fix your clogged drain instead of trying to do it yourself or hiring someone who “dabbles” in plumbing, you're best chance of receiving the maximum compensation in a lawsuit is to use an attorney with experience.

Car and motorcycle accident lawyers often say that it helps to hire a lawyer who also rides, understands some of the biases that bikers often face and one that will be involved in your lawsuit from beginning to end – versus hiring a firm that will have junior associates and paralegals do the majority of the work.

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The foregoing article has been prepared by an attorney who is a regular contributor to FreeAdvice, and is now undergoing review by the site's editorial staff.