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How to File a Bowling Green Personal Injury Claim for Road Rash

January 13, 2022 By Flora Templeton Stuart

flora inspecting car wreckYou can file a personal injury lawsuit for a road rash if you are involved in a motorcycle accident, scooter accident, bicycle accident, or pedestrian accident caused by another person’s negligence. The individual responsible for your injury is liable if their reckless actions resulted in a lack of control of their vehicle.

While many people in Bowling Green use motorcycles, they are arguably more dangerous than motor vehicles. You are highly susceptible to injuries while operating a bike since it provides less visibility, protection, and balance. However, in most cases, motorcycle accidents occur due to negligence by other road users and not the motorcyclist. Pedestrians and bicyclists must always keep a careful outlook for vehicles on the road and follow the road signs. At Flora Templeton Stuart Accident Injury Lawyers, we get on the scene immediately when representing an injured person for road rash to establish liability.

What’s In This Guide:

What Is Road Rash?

Road rash is an injury that occurs when a rider’s skin makes contact with a hard surface in a motorcycle accident. The resulting burns, wounds, or abrasions vary in severity and are categorized into three main degrees.

First-Degree Abrasion

A first-degree injury is a mild road rash that features cuts and abrasions on the skin surface. Although painful, the injury doesn’t require medical treatment. Instead, the victim receives basic first aid.

Second-Degree Abrasion

A second-degree abrasion requires more extensive medical care since it affects the skin surface and the second layer. It also causes bleeding.

Third-Degree Abrasion

A third-degree abrasion is the most severe type of road rash. The injury goes beyond the first and second surface of the skin and may uncover subcutaneous muscle and fat.

Victims who suffer third-degree abrasion are prone to infection if they don’t seek proper medical treatment. This injury may require skin grafts or surgery.

How Does Road Rash Occur?

Road rash injury is mainly linked to accidents involving motorcycle riders and other road users. Drivers who cause these accidents are negligent and engage in certain acts while driving. For instance;

  • Drunk driving
  • Aggressive driving
  • Distracted driving
  • Drowsy driving

What Should You Do After an Accident?

Road rash, particularly third-degree abrasion, is painful and requires immediate medical attention. Ensure that you get medical help sooner to avoid infections and other serious complications.

Additionally, record witness contact information and take clear pictures to prove that the other person was at fault. Finally, contact a personal injury lawyer to guide you on the way forward.

What’s the Time Limit for Filing a Personal Injury Case?

You should file your injury lawsuit for road rash within two years of the accident or from the last time PIP benefits were paid as per the statute of limitations in Bowling Green. Minors have two years from the time they turn 18 to file a claim. Missing the deadline means that you won’t receive any compensation for losses you incurred after the accident.

Motorcycle insurance does not require PIP benefits, so often there is no PIP in a motorcycle accident. Pedestrians and bicyclists injured by a vehicle use the PIP of the vehicle who hit them.

What Are the Stages of a Personal Injury Claim for Road Rash?

There are various stages linked to a personal injury lawsuit. The primary goal is to receive the amount of compensation you deserve. You will have numerous opportunities to prove that the defendant was at fault and negotiate a settlement.

Treatment and Documentation

After the accidents, seek immediate medical attention. Your medical records act as proof of severe injuries. If you fail to see a doctor, the defendant’s lawyer may argue that the injuries were minor hence minimal or zero compensation. Flora Templeton Stuart refers our clients to excellent physicians for treatment.

Discuss Your Case With Your Personal Injury Lawyer

You deserve compensation after an accident caused by the other party’s negligence. A knowledgeable personal injury attorney will analyze the situation, ask you questions, and build a case on your behalf.

Answering all the questions your lawyer asks is essential in developing your defense case. In addition, you will learn what the defendant’s attorney may state to refute your argument.

Some of the issues you may discuss with your lawyer include;

  • Accident details; by revealing all the accident details, your attorney will give a professional opinion on whether your case is worth pursuing. Your lawyer will also review the evidence and prepare a reasonable demand.
  • Everything related to your medical treatment, such as medical cost, diagnosis, recovery, and long-term effects you may suffer due to the injury.
  • Financial loss due to the road rash; you will calculate medical expenses, lost wages, pain, and suffering, among other losses.

Present Your Demand

Your attorney will send your demand after treatment and rehabilitation. At this stage, it’s easier to calculate the total losses incurred because of the injury. Our law firm will send a detailed demand with all medical records, bills, wage loss, and photos.

For a strong argument, include sufficient and relevant information in your written demand for compensation.

Our law firm will explore all possibilities of settlement before filing a lawsuit. However, if the responsible party fails to offer compensation at this stage, there is no other option but to file suit in court.

Filing a Personal Injury Lawsuit

You can file the personal injury lawsuit on your own; however, hiring a lawyer is the only practical option.

During the discovery phase, lawyers from both parties will prepare their arguments for trial. They will collect depositions, gather witness testimony and disqualify or validate evidence.

Pre-Trial Mediation 

A mediator or judge will give you and the defendant the last chance to agree on a settlement before initiating the court proceedings. Although settlement may save you the stress of a trial, consult your lawyer before making any major decision. Most cases settle at mediation prior to trial.

Personal Injury Trial 

Your attorney will present valid evidence and witness testimony before the court and jury during a personal injury trial. The defendant will also get a chance to prove that they aren’t at fault. At this stage, the judge and jury have the final say.

Compensation for Road Rash Injuries

Those injured in an accident should receive compensation from the person responsible for the injuries. While compensation may not entirely replace the losses incurred, it helps relieve financial burdens resulting from the accident.

Medical Expenses 

Severe road rash requires expensive medical treatment. You can receive compensation for;

  • Hospital visits
  • Doctors’ appointments
  • Surgery
  • Prescribed medication
  • Diagnostic tests and imaging
  • Assistive devices like crutches and braces
  • Cost of traveling to and from the hospital
  • Future cost of treatment

Pain and Suffering

Accident injuries are associated with pain, suffering, discomfort, and mental stress. The amount of compensation depends on pain suffered, the severity of the road rash, and recovery time. Photographs of road rash is very important to establish suffering.

Lost Income

You deserve compensation for lost income if you can’t work due to severe injury. The total amount includes the wages for the period you were in hospital or recovering from a road rash injury.

You are also entitled to damages for lost earning capacity if you aren’t in a position to carry on with your regular job. The monetary award covers the income you would have earned if you hadn’t been involved in an accident.

Disfigurement and Scarring 

Disfigurement mainly occurs after a third-degree road rash, while scarring is common even after surgery and treatment. The financial award depends on the degree of the injury and its impact on the victim.

Winning A Personal Injury Case for Road Rush

Most victims who suffer severe road rash injuries due to another party’s negligence question whether filing a personal injury case is worthwhile. The odds of winning a lawsuit and receiving compensation mainly depends on factors linked to;

  • Evidence you present before the judge and jury
  • How the road rash occurred
  • Extent of your injury and liability

A significant percentage of personal injury cases don’t make it to trial. However, most victims don’t secure fair compensation in a settlement.

Working with a competent personal injury attorney is the perfect way to boost your chances of winning a case and receiving maximum compensation.

Conclusion 

Filing a Bowling Green personal injury claim for road rash can be complicated and lengthy. Luckily, Flora Templeton Stuart Accident Injury Lawyers are ready to listen to your story and guide you through the entire process. We provide a free case evaluation for all our clients. With our main office in Bowling Green, we can provide immediate help for those injured through no fault of their own in a road rash accident. We never charge a fee unless we win your case.

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. Flora goes to work every day to make a difference in her community and the lives of her clients. When you call you will get a personal representation and an attorney who truly cares.