You can sue for scarring and disfigurement after a car accident. If a negligent driver caused your crash, a car accident lawyer can help you pursue awards for scarring and disfigurement with a liability insurance claim or personal injury lawsuit. They can also seek other damages arising from your motor vehicle collision.
You Can Seek Scarring and Disfigurement Damages as Part of an Auto Accident Lawsuit
Injuries that cause scarring or disfigurement can affect a car accident victim in a number of ways. For one, visible scarring can embarrass the sufferer and hurt their self-esteem. Visible injuries can also impact a victim’s relationships and employment prospects. In addition, severe scars and disfiguring injuries can cause physical pain and discomfort.
If your Georgia auto accident was the fault of a negligent driver, you can pursue a liability insurance claim or sue for scarring and disfigurement in civil court. Usually, scarring and disfigurement are included in non-economic damages, also called pain and suffering. In addition to scarring and disfigurement, non-economic damages may include compensation for the following:
- Loss of mobility
- Loss of a bodily function
- Depression
- Anxiety
- Post-traumatic stress disorder (PTSD)
- Severe and chronic physical pain
- Mental and emotional distress
- Loss of enjoyment
- Diminished quality of life
If you suffered an injury resulting in scarring and disfigurement during a crash, you likely also qualify to seek economic damages for your medical treatment and other monetary expenses. A personal injury lawyer can help you recover compensation for:
- Medical bills, including emergency services, medical procedures, hospital stays, physical therapy, rehabilitation, treatments to help minimize scarring, plastic surgery, prosthetic devices, mobility aids, and long-term nursing
- Lost wages, earnings, and benefits if you missed work due to your car accident injury
- Loss of future earning capacity if you suffered a permanent or disabling injury that interferes with your work capabilities
- Vehicle and personal property damages
- Household services
- Medically-necessary home or vehicle modifications
- Wrongful death of a loved one if your family member suffered fatal injuries
For a free legal consultation, call 404-214-2001
How Do You Calculate Compensation for Scarring and Disfigurement After a Car Accident?
As mentioned, scarring and disfigurement usually fall under the category of non-economic damages in a personal injury claim or lawsuit. Because non-economic damages are intangible, determining their value is not as simple as adding up bills and receipts. In general, there are two methods used to calculate pain and suffering after a car accident:
- The multiplier method. This method involves adding up your economic damages (i.e., your tangible, out-of-pocket expenses) and multiplying them by a number between 1.5 and five. The multiplier used will depend on the severity of your injury and other factors. The higher the multiplier, the more compensation you will receive.
- Daily rate. This method involves establishing a daily, or “per diem,” rate for every day you live with pain and suffering from your car wreck. Usually, the assigned rate is equal to your average daily wage. This method often is not advantageous for individuals with an unusually high or low income. In addition, determining the date your pain and suffering ends can be tricky, especially for severe and long-term injuries.
Factors That May Influence Your Scarring and Disfigurement Settlement or Verdict
Every personal injury case is different, and many unique factors will influence the value of your scarring and disfigurement compensation and how an insurance company or jury calculates your pain and suffering damages. These variables include the following:
- Your age at the time of injury. The younger you are, the longer a permanent injury will affect you and your life. Therefore, younger victims will likely recover more compensation for scarring and disfigurement.
- Gender. Though it may seem sexist or unfair, insurance adjusters and juries often award female victims more scarring and disfigurement compensation than males.
- Severity, permanency, and visibility. You will receive a higher settlement or verdict for more severe/more visible scarring and disfigurement, such as a facial scar or the loss of an arm or leg. You will also receive more for a permanent scar that medical intervention cannot remove or causes other physical issues, such as limited joint mobility.
- Relationship status. Again, though it may seem unfair or even old-fashioned, single victims often recover more for scarring and disfigurement than married victims.
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How Long Do You Have to Sue for Scarring and Disfigurement Following a Car Crash?
According to O.C.G.A § 9-3-33, you generally have two years to file a personal injury lawsuit in Georgia. You have two years to file a wrongful death lawsuit if your loved one sustained a fatal injury during your accident.
If you do not pursue your case within this window, the court will likely refuse your suit. Waiting too long will also hurt your chances of securing a successful car accident insurance settlement.
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Do You Need a Personal Injury Lawyer to Help With Your Scarring and Disfigurement Suit?
You do not have to hire an attorney, but securing a lawyer can take the pressure of your car accident insurance claim or lawsuit off your shoulders. A lawyer can also help ensure you do not leave money on the table.
Our firm can use more than 20 years of collective personal injury experience to prove you deserve compensation for scarring and disfigurement and argue for the most advantageous method for calculating your pain and suffering. We will also help you fight for the maximum compensation possible for your economic damages.
We can do the work needed to build your case while you focus on what is most important—your health, your family, and getting your life back on track.
Contact Kaine Law About Your Car Accident Case
Contact Kaine Law and learn more about how a personal injury attorney with our firm can help you sue for scarring and disfigurement after a car accident. We offer free consultations and serve clients on contingency, meaning we can represent you for nothing upfront or out of pocket. Call us for a free consultation.
Call or text 404-214-2001 or complete a Free Case Evaluation form
