Can You Sue for Road Rash After a Motorcycle Accident in NJ?

Motorcycle accidents can lead to many serious injuries for victims that entitle them to sue for compensatory damages, a common one being road rash.

Victims of road rash during motorcycle accidents can sue negligent drivers in New Jersey. We can help victims prepare and file their lawsuits within the two-year statute of limitations so they do not miss their chance to hold at-fault parties accountable. In motorcycle accident lawsuits, victims can recover compensation for all damages due to road rash. Most importantly, this includes damages for medical expenses, which is important, as road rash injury victims might need skin graft surgery to address their wounds and other expensive treatments. In addition to economic compensation, victims may get damages for emotional distress, especially if road rash causes permanent disfigurement.

For a free and confidential case review from New Jersey motorcycle accident lawyer Jerry Friedman, call us today at 1-800-529-4464.

Can Motorcycle Accident Victims Sue for Road Rash in New Jersey?

Motorcycle accident victims can sue for any injuries due to negligence since they are excluded from New Jersey’s no-fault system for auto accidents. They aren’t held to a serious injury threshold, meaning they can file lawsuits after incurring damages due to road rash or other injuries.

Road rash is one of the most common motorcycle accident injuries and one of the reasons why wearing protective clothing while riding is important. Motorcyclists are not secured to their vehicles with seat belts and might fly from their bikes when negligent drivers strike them. As victims’ exposed skin scrapes along the road, they might sustain road rash injuries over large portions of their bodies. Road rash could be accompanied by other injuries as well. When victims come in contact with the road, they could also sustain serious traumatic brain injuries, regardless of whether or not they are wearing motorcycle helmets.

Victims need urgent wound care to treat road rash injuries; otherwise, they could become infected, leading to additional damages for which the defendant might argue refute liability. In the most severe cases, victims might need skin grafts to address exceptionally deep and wide road rash injuries. At the very least, victims who suffer road rash injuries will need emergency medical treatment to disinfect wounds and remove any debris like glass or gravel. They may also be prescribed antibiotics or pain management medications to aid their physical recovery. All of these treatments result in medical damages, and because a negligent driver caused your road rash injuries, we can help you hold them liable in a lawsuit.

How Soon After a New Jersey Motorcycle Accident Can You Sue for Road Rash?

The extent of road rash injuries and their impact on your life might not be clear immediately after a motorcycle accident. Jerry can monitor your damages, gather evidence of liability, and only file your lawsuit after preparing a strong compensation claim.

Road rash could cause deep and painful abrasions over large areas of the body, raising concerns about possible soft tissue or nerve damage. Because of this, doctors and specialists may want to monitor your recovery in the ensuing weeks for signs of these potential issues, which might take time to be apparent. It is important to fully appreciate the extent of victims’ physical injuries and their cost to treat before bringing their lawsuits. Otherwise, victims might not request compensation for all damages and could be more likely to accept lowball settlement offers from negligent drivers.

That said, waiting too long to file your lawsuit could also lead to problems, such as missing the filing deadline. New Jersey’s statute of limitations for motorcycle injury claims is two years, according to N.J.S.A. § 2A:14-2. Particularly serious road rash injuries could leave victims’ bones or muscles exposed, requiring arduous rehabilitative care that takes up much of their time and attention. This could make preparing and filing lawsuits within the two-year timeframe especially challenging for road rash injury victims, and why our New Jersey motorcycle accident lawyer can oversee these processes so victims can focus on their physical recoveries.

What Damages Can You Get if You Sue for Road Rash After a Motorcycle Accident in New Jersey?

Victims can sue for all damages incurred from road rash injuries, including medical expenses and non-economic damages for pain and suffering. We can consider all losses potentially related to the motorcycle accident so we do not leave any compensable damages unaccounted for.

Economic Damages

In any injury claim, the most concerning damages to victims are their medical expenses. The same is true during road rash motorcycle accident lawsuits, as victims might incur many medical costs, ranging from wound cleaning and dressing to skin graft surgeries. Our attorneys can obtain records of all hospital bills and treatments you have received and get doctors to testify if you need additional medical care in the upcoming months or years. Because of the severe pain associated with road rash and how these injuries can physically limit victims temporarily, compensation for lost wages may also be available in lawsuits against negligent drivers.

Non-Economic Damages

Road rash injuries are not only physically painful for motorcycle accident victims, but they can also be permanently disfiguring. Any injury that causes permanent disfigurement typically also causes emotional distress for victims, which is compensable through non-economic damages. Even when victims can fully heal from road rash, their treatment and physical recovery might be emotionally distressing, entitling them to intangible damages from out-of-court settlements or jury awards. New Jersey does not cap non-economic damages in motorcycle accident lawsuits, and Jerry can work to maximize your recovery so you get the compensation you deserve after suffering road rash injuries due to negligence.

Call Jerry in New Jersey for Help with Your Road Rash Injury Claim

Call Elizabeth, NJ motorcycle accident lawyer Jerry Friedman at 1-800-529-4464 to discuss your case for free today.