Things to Know About Scarring and Disfigurement in Personal Injury Cases
When accident victims consider filing a personal injury claim after suffering a serious injury, they often focus on their medical expenses and lost income. When an accident results in permanent scarring and disfigurement, accident victims sometimes tend to overlook these injuries, thinking they were simply unlucky and now they will have to live with it. Insurance companies are counting on this.
Realistically, permanent scarring and disfigurement can change how a person feels about themself, the way they dress, and how they generally move through the world. These are important changes and under state law, accident victims can claim compensation for them. Below, our Atlanta personal injury lawyer explains in greater detail.
Scarring vs. Permanent Disfigurement
If you have suffered a scar after an accident, you may wonder if it rises to the level of a permanent disfigurement. Under state law in Georgia, a permanent disfigurement is defined as any injury that permanently alters a person’s appearance. This definition includes burns and scars, as long as they are permanent. However, this does not mean that all scars are treated equally in personal injury claims. The insurance companies and the courts will take many factors into consideration and they include:
- The permanent nature of the scar
- Whether the scar is visible
- The location of the body impacted by the scar
- The impact of the scar on the accident victim’s daily life
A small scar that is easily hidden under clothing will be treated differently than a permanent scar on the face.
How to Prove Scarring in Personal Injury Claims
Unfortunately, insurance companies are very quick to brush off permanent scars in personal injury claims. They often tell accident victims to give the scar time and that it will fade. They make these statements hoping that accident victims will not concern themselves with them. Ideally, insurance companies want injured individuals to wait until it is too long to file a claim. Our Atlanta personal injury lawyer can help you fight back against these tactics and prove your scarring injury.
Professional photography can help prove the extent and severity of scars. Often these use a ruler in the image to show the length, width, and overall size of the scar. This can minimize the insurer’s claims that the scar is not that large or severe.
One of the most important steps in any scarring case is to obtain a scar revision evaluation from a plastic surgeon. The specialist can address whether the scar is permanent, if it will improve and by how much, as well as the cost of revision. This can refute arguments from the insurer that the scar will eventually go away without medical intervention.
Our Personal Injury Lawyer in Atlanta Can Help Prove Your Case
Proving a personal injury claim is never easy. At The Forsythe Law Firm, LLC, our Atlanta personal injury lawyer can collect the evidence you need to prove your case and negotiate with the insurer to make sure your rights are upheld and that you obtain the full settlement you are entitled to. Call us today at 404-476-2717 or contact us online to schedule a consultation and to get the legal help you need.
Source:
law.cornell.edu/wex/negligence
