Can I Collect Compensation for Permanent Scarring From a Car Accident?

Permanent scarring from a car accident leaves lasting physical and emotional effects. These scars may serve as daily reminders of trauma and can significantly alter a person’s appearance, self-esteem, and quality of life. Compensation for permanent scarring depends on the severity of the injury, the medical care required, and how the disfigurement impacts one’s life.

What Determines Eligibility for Compensation?

“Eligibility for compensation” depends on who caused the accident and the extent of the resulting injuries. If another driver acted carelessly, that individual or their insurance company may be financially responsible. To recover damages, the injured party typically must show that the other driver’s actions directly caused the crash and the resulting scarring.

How Is the Value of Permanent Scarring Determined?

The “value of scarring” depends on the location, size, and visibility of the scar. Scars on visible areas such as the face, neck, or hands often lead to higher compensation due to their impact on personal appearance and emotional well-being. The court or insurance adjuster may also consider the person’s age, occupation, and whether reconstructive treatment is needed. The nature of the allegedly responsible party’s actions and how the scar was caused also factor into the value.

Can Emotional Distress Be Included in a Claim?

Yes. Scars cause psychological harm, including anxiety, embarrassment, or depression. When this distress significantly affects daily life or professional opportunities, compensation may extend beyond medical costs to include mental and emotional suffering. Documentation from therapists or mental health professionals may strengthen these claims.

Does Reconstructive Surgery Affect Compensation?

Reconstructive or cosmetic surgery may increase the total compensation amount, especially if multiple procedures are required. Medical costs for surgery, anesthesia, and follow-up care can be substantial. Additionally, even after surgery, some level of scarring often remains, which can justify additional damage. The need for future medical treatment, such as laser therapy or scar revision, can also influence the final value of the case.

What Evidence Supports a Claim for Permanent Scarring?

Photographs taken before and after the injury, detailed medical records, and testimony from healthcare providers can all help substantiate these claims. Evidence should show not only the physical appearance of the scar but also how it has affected mobility, comfort, and daily function. Consistent medical documentation that tracks healing progress and any complications can further demonstrate the long-term impact of the injury.

What Types of Damages Can Be Recovered?

Damages may include both “economic” and “non-economic” losses. ‘Economic’ damages involve medical bills, lost income, and anticipated future expenses. ‘Non-economic’ damages address pain, suffering, and changes to appearance or self-confidence caused by the scarring. Each case is unique, and settlement amounts depend on the circumstances, severity of injuries, and supporting documentation provided.

Can Time Limits Affect the Ability to File a Claim?

Indiana law imposes a “statute of limitations” for personal injury claims, including those involving scarring. Generally, a person has two years from the date of the accident to file a lawsuit. Failing to act within that period may prevent recovery, regardless of the injury’s severity.

How Can a Lawyer Help With a Permanent Scarring Claim?

An experienced car accident lawyer can review your medical records, calculate the losses, and handle communications with insurers or opposing parties. They can also present evidence in ways that demonstrate both physical and emotional harm. Their involvement may improve your likelihood of achieving an appropriate settlement; if necessary, they can represent you in court.

Let Our Compassionate, Assertive Elkhart Car Accident Lawyers at Wilson & Kinsman, LLC Fight to Get You the Settlement You Deserve

If you hope to pursue compensation for permanent scarring from a crash, contact our Elkhart car accident lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.