If you were in an accident that has left you scarred or disfigured with
long-lasting or permanent effects, the monetary amount of damages that
you can claim can significantly increase. These types of injuries are
referred to as a “residual injuries,” and because your residual
injury will cause you to suffer for a long period of time, they have a
high monetary value in court. Subsequently, the more serious the effects
of the scarring or disfigurement has on your life, work, home, or recreation,
the more you can claim in damages. Below, we explain how to seek compensation
for permanent scarring or disfigurement.
Document Your Scar or Disfigurement
If you have a permanent scar or disfigurement, you should make sure that
your doctor has mentioned it in their medical report and specified if
there is a permanent or residual effect. Be sure your doctor also references
the effects the scar or disfigurement will have on your mobility and daily
activities. Your medical records will serve as the base of your claim
when it is evaluated by insurance companies or juries.
Determining the Value of Your Claim
Valuing a scar or disfigurement can be a difficult process. Some attorneys
will conduct verdict searches to find out how much juries have awarded
previously for a similar scar or disfigurement. Another way to determine
the value of your claim is to obtain a medical opinion that shows cost
of having your scar removed or repaired.
This can be done by simply asking your doctor to refer you to a plastic
surgeon to examine your permanent injuries. You can use both the cost
of the plastic surgeon examination and the potential cost of repair in
the damage figure for your case.
The defense likely will subpoena your doctor for deposition to question
them about the costs of having your scar or disfigurement repaired. If
your doctor provides favorable testimony, the defendant’s attorney
will likely try to undermine their credibility by countering with an opposing
expert in the same field.
If your scarring or disfigurement was the result of botched cosmetic surgery,
you might have a medical malpractice claim. In order to recover compensation
for your injuries, you will need to show that the cosmetic surgeon did
not act in a way that other reasonably competent cosmetic surgeons would
have in the same or similar circumstances.
Do you need help obtaining compensation for your permanent scar or disfigurement? Contact our Austin team of personal injury attorneys
to get started on your free consultation today.