Can a Lawyer Help After Suffering Road Rash in a Motorcycle Accident?

May 3, 2024 | By Francis Firm Injury Attorneys
Can a Lawyer Help After Suffering Road Rash in a Motorcycle Accident?

A motorcycle accident is one of the more severe motor vehicle crashes you can experience. Simply stated, there is little chance you will emerge unscathed from the accident, and when someone else is to blame, they have the legal obligation to pay you for the harm they caused. However, the check does not get deposited in your account without a fight - namely, the battle that you must do with the insurance company before it will pay you anything.

Road rash is a typical motorcycle accident injury that occurs when you suffer from impact on the pavement. It is rare to get road rash only from a motorcycle accident—it usually comes with other injuries. Either way, you should get compensation for road rash after proving that the driver involved in the crash was negligent.

You need an experienced motorcycle accident attorney to fight the insurance company effectively. Your lawyer can perform several critical tasks to prove your case and get you a significant settlement check. The good news is that you do not need to pay any money out of pocket for your lawyer because they only get paid if and when you win your case.

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What is Road Rash, and How Does it Affect You? 

A motorcycle collided with a car, resulting in a wrecked bike lying broken on the road.

Road rash is friction caused by coming into contact with a hard surface. While the name implies abrasive contact with the road, many types of friction can cause it. In a motorcycle accident, road rash happens when you forcefully fall from your bike and skid along the road's surface. You can skid many feet on the concrete roadway depending on the accident's speed.

Road rash can affect multiple layers of skin. Less severe cases will only affect the outer layers of the skin, and you can heal from your injuries within weeks. More severe cases, however, can tear away nearly all your skin, in some cases even going down to the bone. Your injuries can be similar to what you may have suffered in a serious burn accident.

Road Rash Can Impact You in Many Ways

You may even need skin grafts if you have an acute road rash. These painful and difficult procedures cost thousands of dollars each. The word "each" suggests that you may need multiple skin grafts to repair your road rash to the fullest extent possible. Even still, you can have permanent scarring and nerve damage, or you may even lose total use of the affected body part for the rest of your life.

You will deal with the numerous effects of a road rash injury, and the most obvious thing is the pain that you experience from a burn-type wound. Road rash can cause significant discomfort in the days and months after your injury. If your case is severe, you may even feel pain for years.

In addition, you may have permanent scars, which can cause discomfort as well as anxiety and depression. In a best-case scenario, the scarring is in a less prominent area of your body that you can cover. If your scarring is more visible, you may get even more compensation for your injuries.

Insurance Companies Make You Fight for Road Rash Compensation

An insurer shields a motorbike with his hand, symbolizing protection and security.

It is hard to tell upfront how much your road rash may be worth after a motorcycle accident because chances are that road rash is just one of the many injuries you have suffered. You can receive significant financial compensation when someone else is to blame for your motorcycle accident injury.

However, insurance companies are not rushing to put this money in your bank account, nor will they make it easy for you to get a full settlement from them. Insurance companies are known for making you fight for everything you get from them, and this is not something you can do effectively on your own if you want total compensation for your injuries. With the help of an experienced motorcycle accident lawyer, you stand the best chance of getting every dollar you deserve for your injuries.

You Need to Prove Fault in a Motorcycle Accident Case

Knowing what happens legally in a motorcycle accident claim is essential to understand how a motorcycle accident lawyer can help you receive money for your road rash injuries. The first thing that you must do before anything else is prove that someone else was to blame for what happened to you. Then, they will have the legal obligation to pay you for all the harm they caused.

To win a motorcycle accident case, you must prove that someone else was negligent. Here, negligence has a particular meaning, and it is essential to understand that the other driver will not automatically owe you money after an accident. You need to present specific evidence that shows what they did and how they departed from the standard of care that an average person would follow under the circumstances.

A Lawyer Can Help You Prove Fault in a Motorcycle Accident Case

It is difficult for you to investigate and compile this evidence. The mere fact that you are considering filing a motorcycle accident claim happens because you have suffered injuries. Thus, there are a limited number of things that you can do on the days after an accident, but it is crucial to gather proof of what happened. Your lawyer can do things like:

  • Review the police report for information that can help them begin an investigation
  • Contact witnesses who saw the accident and learn their recollections
  • Take pictures of the scene of the accident or review the ones that they have received 
  • Work with an accident reconstruction expert to determine the cause of the crash
  • Continue to pursue leads to learn more about the accident

Your Lawyer Will Quantify Your Road Rash Damages

Then, your lawyer will also perform a critical task in helping you learn how much you should seek in accident damages. It is necessary to know the value of your case before taking any steps in the legal process. If you file a claim with the insurance company, it must be for a particular sum.

Each motorcycle accident injury is different. Even if you have suffered the same type of injury as another accident victim, it can affect you differently. For example, you may have been earning more money and have higher lost income damages. Or, you may be more susceptible to depression after a serious accident.

In any motorcycle accident case, you can get the following in damages:

  • Medical expenses
  • Lost income
  • Property damage
  • Pain and suffering
  • Scarring and disfigurement
  • Embarrassment and humiliation
  • Loss of enjoyment of life

Medical expenses for a serious road rash injury can be very high. Then, your pain and suffering can add to the value of your medical expenses. If you have suffered a severe injury, your pain and suffering damages can be several multiples of your medical expenses.

Insurance Companies Place Barriers in Your Way

The biggest challenge that you will face is dealing with the insurance company. Regardless of whether you file a claim or lawsuit, you will be dealing with the driver's insurance company. Your lawyer may advise you to begin with the informal claims process, where you may try to negotiate a settlement agreement without needing a lawsuit. Alternatively, your attorney may start with a lawsuit, where you will then proceed to negotiate a resolution if the insurance company is motivated to settle the case.

When you are up against insurance companies, you deal with multiple challenges. Concerning liability, they may be completely unwilling to accept your story and evidence. Insurance companies may also try to blame you for the accident since they have an inherent bias against motorcyclists. This bias stems from knowing they will owe you a large amount of money and will do whatever they can to cut or eliminate their bill. Your lawyer will ensure the insurance company does not get away with this tactic.

Your Lawyer Negotiates Compensation on Your Behalf

A 3D rendering of a motor scooter or moped, adorned with a wooden gavel, isolated on a white background.

Even if the insurance company fully accepts liability in your case, it may be just the start of a lengthy legal process. Insurance companies will begin by making you a settlement offer. The initial offer may only reinforce how much work you will still need to do to reach a final agreement and get paid for your injuries.

You can take comfort in knowing that your lawyer's job is to hold insurance companies accountable when they try to shortchange you in the settlement process. You can always reject a low settlement offer and keep working for more money, and your lawyer will advise you to keep negotiating or take your case to court. You will proceed closer to a trial if you have already filed a lawsuit. The fact that you have an attorney with courtroom experience and are continuing to build your case may be enough to show the insurance company that it needs to raise its settlement offer.

Insurance companies will never take you seriously if you do not have a tough lawyer spearheading your case. They know that they can get away with practically anything, and there is little to nothing that you can do about it. A lawyer knows how to establish and maximize your legal rights to get you the most possible money.

You Should Never Try to Act Alone After a Motorcycle Accident

Besides, there is little that you should be trying to do on your own after a motorcycle accident as you focus on your health and recovery. Money is also a pressing concern since you have medical bills and providers who may be demanding money. You may not have money in your account because you cannot work.

As tempted as you are to take immediate action, there is little you can do to overcome the red tape that the insurance company places in your way. Insurance companies will not take you seriously if you threaten to sue without legal representation.

Most of all, you need someone who can explain the legal process and give you a realistic readout of whether you have a strong case and what you can get for your injuries. Your lawyer may be unable to tell you an exact amount right off the bat, but they will have a better idea of the compensation you deserve after studying your situation.

The time to hire a lawyer is right after the accident. Waiting can cost you valuable time early in your case and make things much more demanding on yourself. Even if you do not immediately file a claim or lawsuit, you can take steps to prepare for the day that you will. There is one thing that you can control, and that is when you reach out to and hire a lawyer to handle your case.

You Do Not Have To Pay Anything Upfront For a Lawyer

When you're dealing with the aftermath of a motorcycle accident, the last thing you want to worry about is how you're going to afford legal representation. The good news is that you do not need to pay a motorcycle accident lawyer upfront; they will work on a contingency fee basis.

A contingency fee means you do not have to pay anything out of pocket for a lawyer. They only get paid if they win your case, which comes from a percentage of the proceeds from a settlement or jury award. This arrangement allows you to focus on your recovery and not have to worry about the financial implications of pursuing legal action. Your lawyer is motivated to achieve the best possible outcome because their payment depends on it.

If you have suffered road rash in a motorcycle accident, don't let the fear of upfront costs prevent you from seeking the legal help you need. Contact a personal injury attorney today to schedule a free consultation, and let them handle the legal complexities while you focus on your recovery. Remember, you don't have to face this challenging time alone - an experienced attorney can guide you every step of the way.

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