Scarring and Disfigurement

Severe scarring and disfigurement can result from many serious injuries, and is often traumatizing. Serious disfigurements and facial scarring, especially, are noticeable, daily reminders of the trauma of an accident. In California, accident victims who suffer scarring or disfigurement can be compensated for these types of injuries.

Disfigurement and scarring can result from many types of accidents. Automobile accidents can involve lacerations from shattered glass, injuries from airbag explosions, or even amputations. Burn injuries, including chemical burns, are especially notorious for causing serious scars. Medical repairs for other injuries can also cause scarring, and malpractice claims can result from botched surgeries, especially cosmetic surgery. Other accidents, such as motorcycle accidents or dog bites, may also result in scarring or disfigurement.

Some scars and disfiguring injuries are primarily cosmetic, while others, especially those involving the loss of a limb, also affect an accident victim’s quality of life. Victims may suffer long-term pain, and severe scarring can cause loss of mobility. Scars and disfigurements may also temporarily or permanently impact a victim’s speech or vision.

Psychological injuries may also result from scars or disfigurements, and are compensable in California. Victims may be embarrassed by their visible injuries or the resultant impact on mobility, vision, or speech. The daily reminder of the accident can cause psychological trauma.

The costs of medical treatment for these injuries can be steep. Victims may need physical or psychological therapy, and may be prevented from working, resulting in a loss of income. Physicians, surgeons, and other specialists can provide expert testimony as to the effects that scarring and disfigurement can have on a victim.

Victims of accidents that cause scarring and disfigurement can recover compensation for their injuries. One major area of compensation is medical expenses. A victim may not be able to afford full medical treatment on his or her own, but may recover damages to compensate for the costs of skin grafts, reconstructive surgery, prosthetics, scar removal treatment, plastic surgery to fix the scarring or disfiguring injuries, or rehabilitation. Victims may recover both past medical expenses and the cost of future treatment, so that they do not have to wait until treatment is completed to file suit.

Accident victims can also recover damages for pain and suffering, both past and future. Scarring and disfigurements can cause long-term physical pain, which is compensable in California. But victims may also recover compensation for the mental suffering resulting from these sorts of visible, long-term injuries. Of course, money can never actually fix the problem, but money is the only way that the legal system has to compensate victims.

The value of damages for injuries causing scarring and disfigurement can be quite varied. The amount that a victim recovers will depend on the severity, location, and visibility of the scar or disfigurement. Facial scarring is generally worth the most, followed by scars on the neck or hands. The gender of the victim, the color of a scar against the skin, and whether the scarring or disfiguring injury is permanent also may affect the amount of damages.

If you have been injured because of another’s negligence and are suffering long-term consequences from the accident, an attorney can help you recover compensation for your harm. Please contact the dedicated San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. for a free initial consultation.

• Tara GARGIR, Plaintiff and Respondent, v. B'NEI AKIVA, Defendant and Appellant.