New Jersey Motorcycle Accidents

By Greg Kohn

Are Large-Sum Awards Possible Following Catastrophic Injuries Sustained in a Motorcycle Accident?

In New Jersey, victims of motorcycle accidents cannot seek payment of medical expenses, lost wages and long-term care via personal injury protection (PIP). So, when injuries are serious or catastrophic, where can motorcyclists and their families turn when losses total hundreds of thousands of dollars?

A key source of compensation following New Jersey motorcycle accidents is the other driver’s insurance policy. A great example of this type of scenario is a recent case decided in the state.  In August of last year, 49-year Gilberto Antonio Montoya was stopped on his motorcycle at a red light on Sussex Turnpike in Randolph when Paul Rashap struck him from behind with his car. Rashap’s speed was such that Montoya was thrown from his bike and his helmet flung from his head. According to his attorney, his subsequent brain injuries included:

• Two comas to date;
• Extensive brain swelling and hemorrhaging;
• Surgery involving the removal of part of his skull;
• The lack of the ability to breathe on his own; and
• Left-side paralysis with little anticipated improvement in motor function.

Montoya needed a six-figure award to cover past and future expenses and, fortunately, he will receive it. Rashap’s insurer will award virtually the entire policy limit of Rashap’s policy ($495,000) to Montoya. The judge handling the litigation has approved a special needs trust fund to manage the funds and future disbursements.

If you have been injured in a motorcycle accident in New Jersey, contact the law firm of Nagel Rice LLP for assistance in obtaining funds from other drivers involved in the accident. Our motorcycle and vehicle accident jury and settlement awards include:

• Settlements of $9.75, $4.05, $16. 5 and $2.2 million; and
• Jury awards of $2.2 and $1.6 million.

Our Essex County attorneys have more than 30 years experience handling catastrophic injury and wrongful death cases following motor vehicle and motorcycle accidents. To schedule a no-charge consultation with a qualified attorney at our firm, please call (973)618-0400.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.