Scarring and Disfigurement
Serious injuries may result in scarring or permanent disfigurement, which includes any permanent physical change to someone's appearance, such as an amputation or burns. Courts have described it as an impairment of appearance that is unsightly or deformed in some way. Disfigurement may be the result of an explosion, a dog attack, or a vehicle crash. In addition to the alteration of their physical appearances, accident victims may suffer psychological distress, embarrassment, or depression due to the disfigurement. In Texas, scarring and disfigurement may be compensable in a personal injury lawsuit. They would be assigned a separate monetary value. If you suffer scarring and disfigurement in the Dallas area due to someone else's negligence, you can consult injury lawyer Nick Feizy to discuss your rights and options.Seeking Damages for Scarring and Disfigurement
A victim who is injured so badly that it leaves scars may have his or her life changed substantially. It is common for those who suffer disfigurement to experience distress not only from the accident that caused the disfigurement but also from the disfigurement itself. Corrective plastic surgery is expensive and may require time off work. If you were scarred or disfigured due to somebody else's negligence or misconduct, you may be able to recover compensation to cover your damages.
To prove the defendant's negligence, you would need to show that the defendant owed a duty to use reasonable care, which was breached, the breach was the legal cause of your injuries, and you suffered actual damages. Texas follows the 51% bar rule of modified comparative negligence. That means you can possibly recover compensation if you are 50% or less at fault, with the recovery reduced by your percentage of fault, but you are barred from recovery if you are 51% or more at fault.
For example, if you are speeding and a distracted driver cuts you off, and the result is a car accident involving an exploding car, in which you suffer facial scars, you may sue the distracted driver for negligence. As a defense, the distracted driver may point to your comparative negligence. If the jury assess the total damages at $500,000, and determines that you were 30% at fault for the crash, you might be able to recover up to $350,000.
In addition to damages for scarring and disfigurement, you may be able to recover past and future medical expenses, disability, household services, and pain and suffering. The damages for disfigurement are separate and independent from the damages for mental anguish or pain and suffering. There is no set value for scars. In general, juries tend to believe that women are more damaged by a visible scar or disfigurement and that younger people are more affected by a scar than older people. In some cases, the cost of cosmetic surgery may provide a guideline for the value of the scar. Ultimately, each case is different, and each scar or disfigurement is valued based on the individual affected.Consult a Dallas Lawyer when Pursuing Compensation for an Accident
If you suffer scarring and disfigurement in a car accident or another harmful event, Dallas attorney Nick Feizy can advise you on whether you should sue to pursue compensation. Call Feizy Law Office at (214) 651-8686 or contact us via our online form to schedule a free consultation. We also assist accident victims in Arlington, Fort Worth, Irving, Garland, and Plano, among other Texas cities.