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

December 10, 2023 | Ed Bernstein
Can a Lawyer Help After Suffering Road Rash in a Motorcycle Accident?

A lawyer can certainly help after suffering road rash in a motorcycle accident. An attorney will handle your insurance claim or lawsuit so you can focus on your recovery.

Road rash exposes you to possible infection, so you must focus on your recovery after the collision. With a Henderson motorcycle accident attorney leading your case, you can put your recovery first.

Road Rash Poses a Serious Health Risk and Can Cause Costly Medical Bills

Road Rash Poses a Serious Health Risk and Can Cause Costly Medical Bills

Road rash is a burn but doctors do not necessarily treat it like a traditional burn from heat exposure.

Treating road rash is complicated because:

  • Debris from the road, such as gravel, can be deeply embedded in the burn 
  • The foreign objects in the wound are likely to contain bacteria that may cause severe infection
  • Medical professionals must extract debris without causing additional harm to the patient

Some medical professionals have noticed that hospitals and other medical establishments do not always handle road-rash victims with the proper care. When the initial treatment for road rash is improper, the patient may have to undergo painful corrective treatment, incurring more medical costs.

Types of Medical Care You May Need for Road Rash

Each motorcycle accident victim’s journey to recovery is different. Some accident victims never fully recover from injuries that may include road rash.

Your doctors may advise that you receive several types of medical services, including:

  • Emergency transportation from the scene of your accident
  • Emergency medical treatment
  • Wound care
  • Infection prevention services
  • Surgery (which can include skin grafts and cosmetic surgery)
  • Hospitalization 
  • Rehabilitation

Providers may perform procedures that leverage the latest in medical technology. These procedures aim to reduce pain, improve appearance, and aid in your general recovery.

You May Need Additional Care If Road Rash Leads to Infection

While road rash requires treatment, the risk of infection is a significant reason why road rash injuries require comprehensive medical care.

If your wound becomes infected, you may:

  • Need to be re-hospitalized
  • Have to take antibiotics
  • Require surgery
  • Face a prolonged recovery period

While your doctors will make efforts to prevent infection, a wound containing debris can be a bacteria-riddled environment. You need to receive the care you need, and the liable parties cover the cost of that care.

At-Home Care May Take Up Much of Your Time

Much of your recovery process will take place on your own time.

Medical authorities recommend that those with road rash injuries:

  • Change bandages frequently
  • Clean and wash hands when interacting with the wound
  • Apply antibiotic ointment
  • Keep the wound covered at all times
  • Identify signs of infection and seek medical treatment 

When your lawyer seeks a financial recovery, they will account for time spent tending to your injuries.

An Attorney Will Seek Fair Compensation for Your Road Rash (and the Accident That Caused It)

An Attorney Will Seek Fair Compensation for Your Road Rash

Whether road rash is your only accident-related injury or one of multiple ailments, you deserve compensation for the harm you’ve suffered. While injuries and medical treatment may be the most obvious of your damages, they are certainly not the only ones.

Your motorcycle accident lawyer will seek compensation covering the following:

Pain and Suffering

Motorcycle accidents can be more traumatic than most, as the rider may take the brunt of a violent collision. Often, motorcyclists are thrown from their bikes, striking the road, other vehicles, or other hazards as a consequence.

It’s no surprise that a motorcycle accident victim may suffer:

  • Post-traumatic stress disorder (PTSD)
  • Acute physical pain
  • Chronic pain
  • Anxiety (which may be specific to riding motorcycles or being in motor vehicles)
  • Sleep problems
  • Suicidal ideations
  • Lost quality of life

Your lawyer will also consider mood and personality changes, brain damage, lost physical abilities, and lost cognitive abilities resulting from the accident. They may hire a mental health professional to help diagnose and value such damages.

Medical Care

Your lawyer will demand those liable for your accident pay your medical bills. The severity of your road rash (and other injuries) will determine the nature and cost of your medical care.

Rehabilitation Services (and Cosmetic Procedures)

If you need rehabilitation for accident-related injuries or to return to work, your lawyer will demand compensation covering your rehab.

You may also need cosmetic procedures for scarring and other types of disfigurement from the accident. Your attorney will consult your surgeons and include the cost of cosmetic procedures in your claim or lawsuit.

Professional Harm

Following an auto accident, victims often need downtime to rest and recover (both physically and mentally).

During this period, you may:

  • Lose your usual paycheck
  • Miss opportunities to earn bonuses and promotions
  • Lose benefits (if your absence leads to termination or voluntary resignation)
  • Suffer psychologically because you are unable to work
  • Lose status within your field

Your attorney will determine the monetary value of your professional damages.

Property Expenses (Including Motorcycle Repairs)

Property expenses from a motorcycle accident may include:

  • Repairs for your bike
  • Replacement of your motorcycle (if it took total damage in the collision)
  • Temporary transportation
  • Replacement of clothing, electronics, and any other property damaged during the accident

Your lawyer will also account for medical equipment and other property expenses related to your injuries.

A Loved One’s Wrongful Death

Motorcyclists are overrepresented in fatal traffic accidents.

Losing a loved one in a motorcycle accident causes severe damages that may include:

  • Loss of consortium, which is the non-economic benefits the decedent provided their loved ones
  • Pain and suffering, including but not limited to grief
  • Treatment for your grief and other types of pain and suffering
  • Funeral costs
  • Loss of the decedent’s financial support, including their income and contributions to their household

Focus on your grief if you have lost a loved one. An attorney will worry about securing fair compensation for your tragic loss.

What Does a Lawyer Do to Secure Compensation for a Motorcycle Accident Victim?

A motorcycle accident lawyer will handle the entirety of your case, which will likely include:

Securing All Available Evidence From the Collision

Your lawyer will quickly obtain evidence while it’s available.

Your lawyer may seek:

  • Video showing the collision
  • Eyewitness accounts
  • Photographs of the accident scene
  • An expert’s reconstruction of the accident
  • The police report documenting the accident 

The slate of evidence varies from case to care. Your lawyer will seek both favorable and unfavorable evidence so they have a complete picture of the collision.

As they investigate, your lawyer will determine who is financially responsible for your accident-related damages.

Detailing Your Damages in Advance of Settlement Negotiations

Attorneys must gather proof of their clients’ damages.

Knowing that insurance companies or other liable parties will likely challenge your case, your lawyer may secure:

  • X-rays, MRIs, or other images showing your injuries
  • Photographs of road rash and other visible injuries
  • Your doctors’ diagnoses of your injuries and symptoms
  • Your doctor’s treatment plan, which will detail the types of care you will need in the future
  • Proof that you are unable to work and past income statements to show how much your absence from work will cost you
  • Invoices for motorcycle repairs and temporary transportation costs
  • Any other documentation of economic and non-economic damages

Your attorney will work to enter negotiations with as much useful documentation as possible.

Calculating a Settlement Target

Once they understand all the harm you’ve suffered because of your motorcycle accident, your lawyer will calculate the cost of each of your damages. The total cost of your damages will set the bar for a fair settlement.

Demanding a Fair Settlement From Liable Parties 

Your lawyer will negotiate on your behalf.

Depending on the details of your case, your lawyer may negotiate with:

  • Insurance representatives (or the insurance company’s lawyers)
  • Lawyers for those who caused your accident

In either case, your lawyer will lay out evidence, documentation of damages, and the calculation of your damages. Your attorney will then demand that liable parties pay you fairly.

Taking Your Case to Trial (if No Fair Settlement Offer Emerges)

The typical motorcycle accident case settles before trial, but civil trials exist for a reason. When parties to a motorcycle accident claim cannot agree on a settlement, trial can be the next step.

Managing Every Other Detail of Your Claim or Lawsuit

Lawyers are responsible for every aspect of their clients’ cases, including paperwork and communications. A lawyer must also ensure their client receives updates on all case-related developments.

Hiring a lawyer may afford you peace of mind that your case is progressing reasonably.

Can a Motorcycle Accident Victim Afford to Hire a Lawyer?

Every motorcycle accident victim can afford an attorney because most motorcycle accident attorneys use contingency fees.

A contingency fee means that:

  • The lawyer, or more specifically, their firm, pays the entire cost of completing the claim or lawsuit.
  • The client does not pay the law firm any out-of-pocket fees or expenses.
  • If the motorcycle accident lawyer gets compensation for their client, the law firm will receive a percentage of the settlement or verdict.
  • Otherwise, the client pays nothing to the law firm.

Contingency fees ensure that every traffic accident victim can hire a lawyer, regardless of their financial circumstances. Amidst the stress of a motorcycle accident, you can be certain that the cost of hiring your lawyer will not add to your stress.

How Should I Find the Right Lawyer to Lead My Case?

You can find a lawyer through internet research, word of mouth, and other means. 

As you look for an attorney, consider:

  • Whether a law firm uses contingency fees (most do, but you should confirm this before hiring your lawyer)
  • Whether the law firm lists motorcycle accidents among its primary practice areas
  • What kind of case results the firm has achieved (or has not achieved) for motorcycle accident victims
  • What former clients say about the law firm

Client reviews and case results are especially important. These may be key points of difference between the law firms you are searching for. Ideally, you will find a law firm with impressive case results and overwhelmingly positive reviews from former clients.

Why Should You Always Hire an Attorney?

If you are still considering handling a motorcycle accident claim without a lawyer, consider the dangers of going lawyer-less.

If you do not rely on an attorney to lead your case, you may:

  • Jeopardize your physical health: Your greatest priority after a motorcycle accident is your health. Suppose you want to handle your own insurance claim or lawsuit; that leaves less time for physical recovery. The stress and physical requirements of your case may also jeopardize your health. 
  • Compromise your mental health: Do not underestimate the energy and mental stamina required to complete an insurance claim or lawsuit. You may quickly become overwhelmed by the demands of your case. If you fall behind in building your case, the prospect of not getting the money you need can be even more distressing.
  • Hurt your case: Your insurance claim or lawsuit warrants your full attention. Yet, because of injuries, you may not have your full attention to give. Let a dedicated legal team lead your case to build it correctly. 
  • Lead to catastrophic financial consequences: If you do not present the strongest case possible, the financial ramifications can be devastating. If you do not secure the money you need (perhaps because you try to handle your own case and fail), you might have to pay for your accident out of your own pocket.

At the very least, you should speak with motorcycle accident lawyers about how they can help.

You Have One Opportunity to Seek Compensation for Road Rash

While road rash might not seem severe at first, many complications can lead to costly losses, both financial and physical. You deserve full compensation from liable drivers or parties for these losses.

Your lawyer has limited time to file your case. Please do not wait to consult a Henderson personal injury lawyer so they can start fighting for your financial recovery as soon as possible.

Schedule a Free Initial Consultation Today!


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.