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Motorcycle accidents can be devastating, often resulting in serious injuries for riders. One common injury that motorcyclists face is road rash. While it may sound minor compared to other potential injuries, road rash can be extremely painful and lead to severe complications if not properly treated.
If you’ve suffered road rash in a motorcycle accident, you may be considering whether a lawyer can help. The short answer is yes—an experienced motorcycle accident attorney can be invaluable in helping you recover compensation for your injuries and navigate the complex legal process after a motorcycle accident in New York State.
Here’s a closer look at road rash injuries, their potential complications, and how an experienced lawyer can assist you with seeking compensation through a motorcycle accident claim.
Road rash is a term used to describe abrasion injuries that occur when a person’s skin makes contact with a road surface or other rough terrain during an accident. It’s particularly common in motorcycle accidents, where riders may be thrown from their bikes and slide across the pavement. The friction between the skin and the road surface can scrape away layers of skin, leading to painful and potentially severe injuries.
Road rash is typically classified into three degrees of severity:
While road rash may initially seem like a superficial injury, it can lead to several serious complications if not properly treated:
If you’ve suffered road rash or other injuries in a motorcycle accident, an experienced personal injury lawyer can provide assistance in several ways:
An attorney can thoroughly investigate your accident to determine liability. This may involve:
By building a strong case based on evidence, your lawyer can help establish who was at fault for the accident and strengthen your claim for compensation. Additionally, a lawyer’s investigation may uncover factors you hadn’t considered, such as road defects or vehicle malfunctions, which could introduce new liable parties. They may also use advanced technology, like 3D accident reconstruction software, to provide a clear and compelling visualization of the accident for insurance companies or a jury.
Insurance companies are often quick to offer settlements to accident victims, but these initial offers are typically far lower than what victims deserve. An experienced lawyer can:
Moreover, a lawyer understands the complex language of insurance policies and can identify coverage you might not be aware of, such as underinsured motorist coverage. They can also recognize and counter common insurance company tactics, like delaying the process or pressuring you to give recorded statements that might be used against you. By having a lawyer manage these interactions, you reduce the risk of saying something that could inadvertently harm your claim.
Road rash and other motorcycle accident injuries can result in various damages, both economic and non-economic.
An experienced attorney can help you account for all your losses, including:
By accurately calculating your damages, your lawyer can ensure you seek appropriate compensation for all your injuries and losses. They may also consider less obvious damages, sometimes known as “special damages,” such as the cost of modifying your home if your injuries result in long-term mobility issues.
An experienced attorney can work with medical and economic experts to project future costs related to your injuries, ensuring that your settlement or verdict accounts for ongoing care needs. This comprehensive approach can significantly affect the overall value of your claim.
If a fair settlement cannot be reached through negotiations with the insurance company, an attorney can file a personal injury lawsuit on your behalf. This involves:
Filing a lawsuit is a complex process that requires in-depth legal knowledge and courtroom experience. A lawyer can handle the details, from drafting the complaint to managing discovery and depositions.
They’ll also prepare you for what to expect during the litigation process, helping alleviate some stress and uncertainty. Even after filing a lawsuit, your attorney may continue negotiating with the opposing party’s legal representatives, as many cases settle before reaching trial.
Expert testimony may be crucial to support your claim in complex cases or those involving severe injuries. A lawyer can:
Expert testimony can significantly strengthen your case by providing credible, professional opinions on various aspects of your claim. A lawyer will know which types of experts are most beneficial for your specific situation and how to utilize their testimony best.
They can also anticipate and prepare for challenges to expert testimony from the opposing side, ensuring that the evidence presented is robust and persuasive. Sometimes, your attorney might even arrange for experts to provide visual demonstrations or models to help illustrate complex concepts to a jury.
New York follows a pure comparative negligence rule, meaning your compensation may be reduced by your percentage of fault, if any, in the accident.
An experienced lawyer can:
An attorney can thoroughly analyze all aspects of the accident to counter any arguments that you were partially responsible. They may use evidence such as traffic camera footage, witness statements, or expert testimony to demonstrate that you followed all traffic laws and rode safely.
If you cannot avoid some degree of fault, your lawyer will work to minimize your percentage of responsibility, as every percentage point can significantly impact your final compensation. They will also correctly calculate any reduction in your award according to New York’s comparative negligence laws.
If your medical treatment was covered by health insurance or government programs like Medicare, these entities may seek to place a lien on your settlement or verdict. An experienced attorney can:
Dealing with liens and subrogation claims can be one of the most complex aspects of a personal injury case. Your lawyer will have experience in identifying all potential lien holders and understanding the specific rules and regulations that apply to each type of lien. They can often negotiate significant reductions in these liens, which directly increases your compensation.
Your attorney will also ensure that all lien resolutions are properly documented to protect you from future claims. In some cases, and if absolutely necessary, they may be able to arrange for certain medical providers to continue treatment on a lien basis, allowing you to receive necessary care even if you can’t afford it upfront.
New York has strict time limits for filing personal injury claims. An attorney can ensure that all necessary actions are taken within these time frames to protect your right to compensation. These timeframes can vary significantly depending on the circumstances.
An attorney will be acutely aware of all relevant deadlines and will work diligently to file your claim well before the statute of limitations expires. They’ll also be familiar with any exceptions that might apply to your case, potentially extending the filing deadline.
In addition to the overarching statute of limitations, there are often other time-sensitive aspects of a case, such as filing a notice of claim if a government entity is involved. Your attorney will manage deadlines, ensuring that no opportunities for compensation are lost due to procedural oversights.
If you’ve suffered road rash or other injuries in a motorcycle accident, it’s crucial to seek legal representation as soon as possible. Prompt action can help:
The experienced team of personal injury attorneys at William Mattar Law Offices understands the unique challenges motorcycle accident victims face. We have a proven track record of helping clients throughout New York State recover fair compensation for their injuries, including road rash and other motorcycle-related trauma.
Our firm offers:
If you’ve suffered road rash or other injuries in a motorcycle accident, don’t hesitate to reach out to William Mattar Law Offices. Our experienced attorneys are ready to advocate and help you on the path to recovery.
Road rash from a motorcycle accident can be a painful and potentially serious injury with long-lasting consequences. While focusing on your physical recovery is important, don’t overlook the valuable assistance a skilled personal injury lawyer can provide. From investigating the accident and dealing with insurance companies to calculating damages and representing you in court, if necessary, an experienced attorney can be your strongest advocate in seeking fair compensation for your injuries.
Remember, the road to recovery after a motorcycle accident can be long and challenging, but you don’t have to navigate it alone. If you’ve suffered road rash or other injuries in a motorcycle accident in New York State, contact William Mattar Law Offices today at (716) 444-4444 or through our online form. Our experienced team is ready to help you understand your rights, explore your legal options, and advocate for you to receive maximum compensation.
William Mattar
Attorney at Law
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