Motorcycle Accidents

In a personal injury case, “pain and suffering” refers to the physical and emotional distress experienced by the plaintiff due to their injuries. It encompasses the immediate and ongoing discomfort, anguish, and limitations caused by the accident. This includes physical pain from injuries such as fractures, sprains, or internal trauma, as well as emotional suffering like anxiety, depression, or loss of enjoyment of life activities.

Future pain and suffering, on the other hand, pertains to the anticipated physical and emotional distress the plaintiff is likely to endure as a result of their injuries in the future. It considers the long-term impact of the injuries on the plaintiff’s life, including any ongoing medical treatments, chronic pain, or permanent disabilities that may affect their quality of life. Courts evaluate future pain and suffering based on expert medical testimony and evidence presented during the trial to predict the extent and duration of these future hardships.

In legal terms, both types of pain and suffering are elements of non-economic damages sought in personal injury claims. They aim to compensate the plaintiff for the intangible losses and hardships endured due to the defendant’s negligence or wrongful conduct, beyond quantifiable economic losses like medical expenses or lost wages.

In a recent legal dispute, Hermitage Insurance Company sought a declaratory judgment against TAC Blacktop, Inc. regarding coverage under a policy issued to TAC. The case involved two personal injury actions stemming from a motorcycle accident allegedly caused by TAC’s paving activities. Hermitage moved for summary judgment, asserting that TAC’s operations exceeded the scope of coverage defined in the insurance policy.

Insurance companies only insure activities explicitly within the scope of the policy, as outlined in detailed classifications and coverage limitations. In this case, Hermitage Insurance argued that TAC Blacktop’s paving activities, which involved covering a trench on a roadway, fell outside the policy’s designated classifications for driveway, parking area, or sidewalk paving. This precise delineation is important because insurance policies are crafted to mitigate specific risks associated with defined operations. The allegations highlight how deviations from these specified activities can lead to coverage disputes.

Background Facts

Articles Posted in Motorcycle Accidents

Court orders new trial for past pain damages in motorcycle accident case. Melnick v. Chase 148 A.D.3d 1589 (N.Y. App. Div. 2017)

Insurance coverage denied due to discrepancy in insured business activities. Hermitage Ins. Co. v. TAC Blacktop, Inc. 2015 N.Y. Slip Op. 31516 (N.Y. Sup. Ct. 2015)