On average, over 100 million patients develop scars across the industrialized world each year. Various problems can cause these scars, such as a medical procedure or surgery. There are 55 million elective surgeries and 25 million medical operations after trauma-related accidents. Some of these procedures can cause sizeable problems, which often lead to scarring and/or disfigurement that can last a lifetime.
Too many times, traumatic injuries result in lasting injuries, like scarring and disfigurement. Whether the cause is an automobile accident, heavy machinery accident, dog bite, burn, or amputation, visible scarring and disfigurement can be mortifying and, in some cases, can change a person’s life forever. It can cheat them out of particular jobs and their overall quality of life, such as the loss of friends or potential partners.
Undergoing any type of injury can cause instantaneous, physical damage that can be brutal, but many people don’t think of the long-lasting complications these traumatic injuries leave. Many patients who suffer traumatic injuries are left with permanent blemishes–scars and disfigurements– that provide a physical reminder of their situation's trauma and emotional harm.
Scars are a natural part of the body’s healing process and result from the biological function of wound repair within the skin and surrounding tissues. Scars form when the dermis, a deep, thick layer of the skin, is damaged. Aside from minor scars, most scars result in some extent of scarring.
Scars result from the skin being opened and wounded due to an accident or surgical operation. They may take place following an injury from an automobile accident, animal attack, or other severe accident; however, they may also arise from a rather uneventful injury, such as a minor cut or scrape.
Scars may look thick and red in color, but the majority will fade and heal over time. Many factors influence the way a scar will eventually look, like the type, location, size, and severity of the injury, the way the injury was treated, and genetic factors. There are three different types of scars, consisting of:
The look of a fully healed scar can be enhanced by surgical procedures, dermabrasion, laser treatment, topical treatments, radiotherapy, microdermabrasion, microneedling, and other treatments. However, a scar will never mirror the appearance of the skin before the injury took place. For many people, scars are a reminder of a painful time in their lives and can significantly change their quality of life if the scar is on a noticeable part of the body like the face, chest, or extremities.
Disfigurement is the state of a person’s appearance that is deeply and persistently harmed medically by either a birth defect, disease, or wound. For example, a burn, scar, skin texture, missing body limb, or an abnormally-shaped body part can affect a person’s appearance. Disfigurement can lead to negative body images, constant concern about other people's reactions to the disfigurement, difficulties in one's social, sexual, and professional lives, depression, and other serious issues.
Numerous accidents, including automobile accidents, heavy machinery accidents, animal attacks, amputation, burns, etc., can all lead to a person becoming disfigured. Acts of violence, such as assault, can also lead to disfigurement. Along with the injury that caused the initial disfigurement, which is traumatic enough, the physical reminder of your trauma can create added emotional and mental stress that sometimes leads to depression or suicidal thoughts.
Cosmetic surgeries, such as plastic or reconstructive surgery, can sometimes help a person reduce the look of the disfigurement. Although surgery can fix the disfigurement altogether, that is not always the case. Additionally, these surgeries are very expensive and, a lot of the time, are extremely risky. Being able to recover financial compensation after an injury can go a long way towards fully and healthily recovering from that injury and any lasting physical complications that may come along with it.
Most accidents can lead to scarring of any part of the body. Some of the most common causes consist of:
All of the accidents above can cause a victim both physical and emotional damage. Many of the injuries that these victims face will result in long-term care, whether that be multiple surgeries, continued therapy (both mental and physical), or a combination of both.
Like many other personal injury lawsuits, a plaintiff trying to recover damages from scarring and disfigurement that were the result of an accident caused by another person or party must establish four elements by a prevalence of the evidence:
Both noneconomic and economic damages are available for scarring and disfigurement victims. The economic portion of damages usually includes medical bills, loss of income, and future loss of income.
Noneconomic damages are usually composed of pain and suffering and mental anguish. These damages will vary depending on what a juror believes is a natural reaction to the standard and location of the scarring or disfigurement that a victim has undergone.
The value of a scar or disfigurement will be different for each victim. Each insurance company and its adjusters often see the value of a victim's scar or disfigurement much different than the victim. However, there are some factors that are always considered when deciding what the value of a scar or disfigurement is, including:
If you can prove that your scarring and disfigurement were due to the negligence of another party, that party can most likely be held liable for any damage you have suffered as well as future corrective damages you may face.
If you are injured in a way that leads to permanent scarring and disfigurement because of another party’s negligence, you will most likely be able to make a claim for damages. You could possibly be entitled to:
The monetary figure of the damage will depend on:
Scarring and disfigurement can substantially change a person's life. The treatments they will need are pricey, may need to be repeated, and have the possibility of not resulting in any significant improvement. Even with care from top-rated medical professionals, scarring and disfigurement victims can still suffer permanent changes to their appearance.
Sometimes a disfigured victim may need counseling/therapy for their emotional distress, mental anguish, and pain and suffering. Scarring and disfigurement are severe and lasting injuries that sometimes allow an automobile accident victim to seek both non-economic damages and economic damages through their own no-fault benefits.
The settlement of a scar or disfigurement case will vary depending on the characteristics of the accident victim. For example, insurance companies and jurors often treat a young lady with a facial scar differently than someone who suffers scarring on their abdomen. It is assumed that young women will undergo more stress due to their altered appearance. Furthermore, the face can be harder to treat because the tissues and muscles are more complicated in this part of the body. In addition, an accident victim whose career depends on her appearance, such as a model or actress, can most times recover a more significant amount of noneconomic damages than a more timid, elderly, or male accident victim.
If you have suffered a scar or disfigurement, it is essential to ensure that your doctor has documented it in your medical records and has recorded if there is a permanent or remaining effect. It is also crucial for your doctor to note if it has caused you to lose mobility in the affected area. These medical records will support your claim to the defendant’s insurance company or the jury for the compensation you are pursuing. The more documented evidence you have against the negligent party, the better your chances are to collect the compensation you deserve.