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If you’re injured in a personal injury accident, you may suffer permanent scarring or disfigurement, and you may receive compensation for scars or disfigurement as part of your injury claim. You need to know how to seek compensation; Shealey Law Firm explains.
How Do I Seek Compensation for Permanent Scars or Disfigurement?
To seek permanent scar compensation or disfigurement compensation:
- Prove your Right to Compensation – You must prove that the party named as the defendant has a legal liability to pay compensation.
- Identify your Scars or Disfigurement – State in your claim that you have scars, disfigurement, or both.
- Provide Evidence – Support your claim with medical evidence, which may include testimony from care providers.
- Explain the Effects of your Injuries – Provide details about how your injuries impact you. Examples may include altered appearance, pain, loss of mobility, and nerve damage.
- Advocate for your Compensation – Follow the appropriate steps to claim your compensation. You may negotiate your award, but you may need to file a formal legal claim.
There are many important steps in a legal claim. Your very first legal documents, your summons and complaint, must summarize the facts of the case and follow rules for pleading damages. You may have an attorney represent you at all stages of the case.
What Qualifies as Permanent Scarring or Disfigurement Under South Carolina Law?
Permanent scarring or disfigurement may qualify for compensation under South Carolina law because of its:
- Size
- Location on the body (visible area)
- Discoloration or raised appearance
- Physical or emotional impact on the person
Scars and disfigurement are typically permanent, however, disfigurement that lasts any significant period of time may be compensated as a loss, even if there is still the potential for recovery. As part of the claim, a plaintiff should prove the likely duration of the injury.
Note: Scarring and disfigurement are handled differently in personal injury claims and workers’ compensation claims. This article discusses personal injury claims. If your claim is through workers’ compensation insurance, there are different standards, and a different compensation schedule will apply in your case.
What is a Scar?
A scar is a visible mark, discoloration, and tissue difference after a skin wound has healed. It is typically fibrous tissue that replaces an area where the skin was destroyed.
When a person suffers an open wound, the body needs to repair it. It needs to stop bleeding and prevent bacteria from entering the body. The body makes collagen quickly to repair the wound, however, collagen has a different appearance and texture than the skin. The result is the appearance of a scar.
For a scar to occur, a wound must be deep enough to destroy the layers of skin.
Understanding the Types of Compensation Available for Scarring and Disfigurement
Scarring and disfigurement are both an economic and non-economic loss. To the extent that a person incurs medical expenses to minimize scars and disfigurement, it is an economic loss. In addition, a person may incur significant expenses because of medical issues relating to scars and disfigurement. Examples may relate to nerve damage, pain management, and mobility support.
Non-economic damage is the intangible loss associated with a scar. A person may suffer emotional anguish from looking in the mirror and seeing a scar or they may face social humiliation. Employment and relationships may be more challenging.
Disfigurement can impact a person’s activities.
Several factors may impact how scars and disfigurement are compensated as non-economic damages, including the location and size of the scar, its appearance, the age of the person, and the mental and emotional distress caused by the injury.
How Permanent Scarring Affects Personal Injury Settlements
Permanent scarring may significantly affect a personal injury settlement. It is a type of loss, compensable with monetary damages. Scars result from physical injury, so the person will also have the underlying injury to include in a claim.
The more severe and long-lasting an injury is the greater the appropriate compensation.
Examples of cases where a person claimed damages for scarring and disfigurement in a South Carolina personal injury claim include:Bonaparte v. Floyd, 291 S.C. 427 (1987) (a medical malpractice claim involving the excision of a tumor, the victim sued for disfigurement and emotional distress);Johnston v. Aiken Auto Parts, 311 S.C. 285 (S.C. Ct. App. 1993) (a person claimed compensation for a knee injury following a car accident, testifying that their knee had “never gotten right” after the accident).
Special Considerations for Facial Scars in Personal Injury Cases
- The extent and severity of the scar is a key factor in determining compensation. Support your claim with detailed medical evidence of the severity of the scar.
- It’s important to detail how all your injuries affect your life. The victim and other witnesses can talk about the impact.
- Be sure to prove that the accident caused the scar.
- A scar is one loss that may impact an appropriate personal injury compensation award. There may be multiple factors that impact your case.
Contact a Lawyer
At Shealey Law Firm, we handle claims involving permanent injuries, including scars and disfigurement. A lawyer can help you maximize compensation for permanent scarring or disfigurement. Call or message us to get legal help now.