Scarring and disfigurement aren’t just physical injuries. They take a mental toll as well. Imagine knowing that you’ll never look like you did before an accident. Maybe you’re suffering from burns that cause you constant pain or have scarring that changes the color of large patches of your skin. Whatever the disfigurement is, it is painful physically and mentally.
Can you sue if you’ve been hurt and scarred or disfigured? Yes. The difficulty comes when asking if you can sue for scars that are a result of medical care provided after a crash. In New Jersey, for example, the courts determined that you could sue for noneconomic damages if the scarring or disfigurement was so severe that the individual would be considered imperfect, misshapen or unsightly.
If you have to have a surgery after a car accident and are left with a scar you want to sue for, the likelihood of being able to recover compensation comes down to three questions. First, did you know that there was a potential for scarring? Second, if you knew about the scarring, was the procedure medically necessary? Finally, if you knew the risks and had the surgery, are the scars unusual for this kind of operation?
Scarring that is from the car accident itself may also be something you can claim for. Keep track of your healing with photos, so you can show that your injuries are a direct result of the crash and healing process. It’s important to get the compensation you need, so you can get better medical care and attention.
Source: FindLaw, “When Can You Sue for Scarring or Disfigurement?,” Ephrat Livni, accessed Aug. 29, 2017