Traumatic injuries often inflict physical harm, but their enduring consequences, particularly scarring and disfigurement, are frequently underestimated. These lasting imperfections are constant reminders of the trauma endured, significantly contributing to emotional distress. If you have experienced permanent scarring or disfigurement due to someone else’s negligence, you may be eligible for compensation. Please continue reading to learn more about these claims and why it’s crucial to consult with our skilled Bradenton Personal Injury Lawyers to secure the justice you deserve.
What is Scarring and Disfigurement?
Despite their frequent interchangeable use, “scarring” and “disfigurement carry distinct legal and medical implications in personal injury cases in Florida. It’s vital to understand the differences between these terms to ensure accurate damage assessment.
A natural part of the body’s healing process after an injury, scarring occurs when damaged skin is replaced by fibrous tissue. Their appearance can vary, from flat, raised, or discolored compared to the surrounding skin. While permanent, scars may become less noticeable over time or through various treatments and surgeries.
Although all disfigurements may involve scarring, not all scars lead to disfigurement. Disfigurement signifies a substantial deviation from one’s pre-injury appearance. This functional or aesthetic impairment profoundly impacts an individual’s quality of life.
Can I Recover Compensation for Scarring or Disfigurement?
For a plaintiff to recover damages for scarring or disfigurement resulting from an accident caused by another party’s negligence, they must establish four elements: duty of care, breach of duty, causation, and damages. Essentially, you must show that the party you are claiming against has failed to act with reasonable care and that their actions directly caused your injury.
Victims can typically claim both non-economic and economic damages. Economic damages cover tangible losses directly resulting from the injury, like medical costs and lost income. In contrast, non-economic damages address intangible losses that are more challenging to quantify, including pain and suffering, mental anguish, and loss of enjoyment of life. The value of a scar or disfigurement varies significantly based on the unique circumstances of a case. Nevertheless, several factors are considered when determining the appropriate amount, including:
- Severity: The more severe and permanent the scarring or disfigurement, the greater the potential compensation.
- Location: Increased compensation is typically awarded for scarring or disfigurement in highly visible areas.
- Impact on daily life: A significant factor is how the disfigurement impacts the victim’s ability to work, engage in social activities, and enjoy life.
- Psychological impact: Whether it has caused significant emotional distress, anxiety, depression, and other mental health concerns.
- Impact on employment: Whether it affects the victim’s ability to fulfill their job duties or their ability to secure employment.
- Disabling effects: Whether it results in a loss of function or mobility.
In the unfortunate event that you have experienced a scar or disfigurement due to another’s negligence in Florida, contact a dedicated attorney from Becker & Lindauer, LLC without delay. Our legal team can help you pursue the compensation you need and deserve to rebuild your life. Reach out to us today for additional information.
