Even though many motorcyclists wear leather pants and leather jackets, still a large number of such biker’s experience times when their bodies display road rash. That is a medical condition that is caused by exposure of the skin to substances with in a road’s surface.
Doctors place any case of road rash into one of 3 categories.
First degree: This type of road rash affects only the outer layer of the skin. The victim experiences a burning feeling and notes a distinct redness in the affected area.
Second degree: Here the rash’s effects are more severe. The outer layer of the victim’s skin gets broken. Because that invites the entrance of germs, it demands a satisfactory level of medical attention.
Two things linked to the second-degree cases can prove useful to lawyers that want to demand a larger amount of compensation. One of the those is the associated pain and suffering. The other one is the fact that scarring may be possible in a wound that resulted from one of the second-degree rashes.
Third degree: The unfortunate victims that have this type of road rash exhibit skin that has been punctured in some fashion. All sorts of substances fall onto the road’s surface. Any one of them might puncture the skin of someone that falls onto that same surface.
Due to the depth of the puncture, such victims demand immediate medical attention. The puncture can extend inward to the level of the muscle or some other underlying tissue. At times a skin graft must be used, in order to treat this degree of openness on the skin’s surface.
What a good lawyer should consider when fighting to compensate a victim of road rash
Did the victim suffer any type of disfigurement? If so, the Personal Injury Lawyer in Brampton has grounds for demanding a larger compensation package. Understand that production of scar tissue can count as an example of disfigurement.
Victims with this condition usually visit several sections of a hospital, after being transported to that same institution. Consequently, those same victims receive lots of bills. Consequently, a client’s lawyer should be prepared to seek reimbursement for payments to each of the visited departments. That would include the ER, the operating room and the source of medical supplies and devices and the department that performs imaging services.
Possible defense strategy: Claiming the plaintiff should have had thicker leather in pants and jacket. A defense lawyer might try using this strategy, if the plaintiff’s medical history contained any mention of a previous skin condition. A good lawyer should be about to refute this claim, since a defendant’s duty to any plaintiff must respect the existing state of that same plaintiff’s body.
