You have two years from the date of the road rash injury to pursue legal action for a personal injury, according to NRS §11.190(e). As the victim, Nevada puts the burden of proof on you and your legal team to establish the validity of your claim.
Determining Liability for the Accident
Part of a personal injury claim, like for motorcycle road rash, is that the injury occurred because of someone else’s conduct, carelessness, or negligence. If someone crashed into you, for example, you would need to establish the identity of the person who hit you and can prove that the collision was their fault. Liability for financial compensation can include the following arguments:
- Negligence – the argument that the defendant failed to take reasonable steps and act in a way that does not pose a risk of harm to others. Examples of a driver being negligent include running a red light, speeding, driving under the influence, and breaking other driving laws.
- Strict liability is the argument that the defendant did not directly cause the injury but is still responsible for it. For instance, if a motorcycle part was defective and caused you to lose control of the bike, the manufacturer might be responsible for the financial consequences of the accident.
- Intent is the argument that the defendant intentionally caused you harm. Assault and battery is the most common type of intentional torts or wrongful acts.
You can seek compensation for a motorcycle road rash injury. If you suffered injuries because of another person or entity, you have the right to seek financial reimbursement for your losses.
For a free legal consultation, call (702)-887-1712
Types of Compensation You Can Seek
An attorney can review your claim and help you determine the losses you experience as a result of the incident. Some covered damages include the following:
Second- and third-degree road rash requires medical care. A serious injury of this nature can need skin graft surgery or other expensive treatments. How the road rash develops can also affect the aftercare needed.
Torn skin can lead to infections, scarring, and disfigurement. Even after the road rash has healed, you could require ongoing therapy or pain management for months to years following.
Health Care Expenses
Being home from the hospital or doctor’s office does not mean the costs have stopped. Your compensation can include fees for bandages, crutches, prescription medications to prevent pain and infections, and transportation costs to and from doctors’ appointments.
You can request lost income because of a motorcycle accident. If you could not go to work and earn a living, the at-fault party could be responsible for paying your lost wages. Likewise, they might be responsible for wages you will lose in the future because of the injury.
Pain and Suffering
The at-fault party could be responsible for paying compensation for the physical, emotional, and mental anguish you suffered. Road rash is painful, and so is the agony of related deformities. You might have a claim for pain and suffering if you experience limitations because of the injury, such as nerve damage or never being able to return to your profession or passions.
Your compensation request can account for both your past and future pain and suffering. The amount of compensation you can demand depends on your losses (or damages) you suffered. It might be hard to prove you suffered an injury if the road rash was minor, did not require medical attention, and you cannot provide evidence.
Evidence and Liability in Motorcycle Accidents
If you have proof of the at-fault party’s responsibility for your injuries, you can seek compensation for a motorcycle road rash injury. Jack Bernstein and Scott Poisson have more than 60 years of combined experience handling cases like personal injuries from motorcycle accidents.
The Nevada Division of Insurance requires each driver to maintain a minimum amount of coverage in case of an accident. Each driver must have at least:
- $25,000 for injury per person
- $50,000 for injury of more than one person per incident
In most motorcycle road rash cases, the insurance company of the at-fault party stands in as their representation. Insurance adjusters will try to deny or decrease your claim.
Call an Attorney Today for Help
The team at Bernstein & Poisson can fight on your behalf for your compensation. Contact us for a free consultation about getting compensation for your motorcycle road rash by calling (702) 633-3333.