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.
