Scarring and Disfigurement After a Vehicle Accident – Can You Recover Compensation?

In 2021, a 2-year-old girl in Pennsylvania suffered from facial lacerations caused by embedded glass in a car accident, which resulted in severe facial scarring. A lawsuit was filed, and she and her family were awarded $15,000 compensation in the settlement. 

The damages from a vehicle accident can be painful and life-altering for victims, but none so much as the serious physical scarring and disfigurement left behind on their bodies — sometimes for the rest of their lives. But how challenging is the road to receiving this kind of compensation for these damages?

Other Recent Case Studies and Statistics

• In 2023, the National Highway Traffic Safety Administration (NHTSA) reported a 5% increase in severe injury accidents resulting in disfigurement.
• A landmark case in California (2022) awarded $2.5 million to a 25-year-old woman for facial scarring from a rideshare accident, setting a new precedent for compensation levels.

What Kinds of Scars Qualify for Compensation?

Although everyone reacts and heals differently to injuries, there are common scars that accident victims will experience. According to Johns Hopkins Medicine, common scars are:

Keloids

These dark, raised sections of scar tissue can remain up to a year after the injury. Keloids usually stretch larger than the injured area because the body is overcompensating, and the scars sometimes return, which means ongoing treatment is needed.

Hypertrophic

Although they develop faster than keloids, hypertrophic scars tend to be more treatable, normally do not grow beyond the injured area, and can gradually disappear on their own over a year. The scars are not necessarily unnoticeable, however, especially if they are on the face or another prominent spot of the body.

Contractures

Contractures contract the skin as the body tries to heal a large, damaged area, and, if the scar is formed on a joint, it could affect mobility. The future could mean permanent disfigurement and inactivity after the accident. These scars are usually the result of fuel burns, large scrapes, or road burns.

Atrophic Scars

Atrophic scars are characterized by a sunken or pitted appearance in the skin. Unlike raised scars like keloids or hypertrophic scars, atrophic scars occur when there’s a loss of tissue beneath the skin’s surface.

Types of Compensation Victims Can Recover from Disfiguring Injuries from a Car Crash

Compensation for scarring and disfiguring as a result of a car accident comes in several forms of damage, which include:

Special Damages

These are considered economic damages, and compensation will contribute toward reimbursing major financial losses, such as from

• Medical bills
• Ongoing surgeries and therapy
• Lost current wages
• Repairing or replacing the vehicle
• Lost future income and earning capacity
• Inability to pay rent, mortgage
• Inability to pay for groceries or transportation

General Damages

These damages are those suffered beyond any monetary losses and, unfortunately, they are not as easy to calculate into a personal injury claim. They include:

• Emotional trauma
• Mental anguish and the psychological effects of the accident
• Pain and suffering
• Stress and anxiety
• Loss of companionship or consortium for the family’s loss of their relationship with their loved one
• Loss of enjoyment of life

Because it is difficult to apply a financial value to these general damages, the court will usually multiply the total damages by between 1 and 5, depending on how severe the sustained injuries are.

Punitive Damages

If the victim of a car accident was disfigured because the defendant, or other liable party, was negligent or caused harm on purpose, punitive damages might be awarded. Though rare, these damages can still offer a payout from defendants, like a manufacturer who sold a defective or recalled product. 

Compensation for Pain and Suffering from Scarring and Disfigurement: a Closer Look

There are two categories of pain and suffering damages: physical pain and suffering and mental pain and suffering. Compensation can be recovered by the scarring and disfigurement victim or the family (children or spouse) of the victim in cases of wrongful death. Here are some examples of both types of pain and suffering:

• Physical Pain and Suffering
• Low energy
• Weight loss or loss of appetite
• Chronic aches and pains
• Migraines
• Mental Pain and Suffering
• Depression
• Anxiety
• Insomnia
• Diminished quality of life and loss of enjoyment
• Lower cognitive capacity
• Humiliation
• Post-Traumatic Stress Disorder (PTSD)

How is Compensation for Scarring and Disfigurement Injuries Calculated in Nevada?

While the insurance company of the driver who is responsible will calculate the initial compensation value of the victim’s scarring and disfigurement injuries, this settlement total usually will not even come close to the financial compensation the victim deserves.

An attorney specializing in personal injury law will be able to better assist victims in acquiring the compensation that their pain and suffering are worth through these two calculation methods used in Nevada:

• The Multiplier Method: This is when the legal system multiplies the value of economic damages by a number between 1 (lesser damages) and 5 (more severe damages).
• The Per Diem Method: An attorney will assign a specific dollar amount to each day between the accident and when the victim made (or is expected to make) a full recovery. 

Factors Influencing Compensation in 2024

• Severity and Visibility: Facial scars typically result in higher compensation.
• Age of the Victim: Younger victims often receive higher awards due to longer-term impact.
• Impact on Quality of Life: Consideration of how the scarring affects daily activities and mental health.
• Future Medical Needs: Anticipated costs for ongoing treatments or surgeries.
• Occupation: Impact on career prospects, especially for those in public-facing roles.
• Psychological Impact: Consideration of mental health consequences like PTSD or depression.

Calculating Compensation: Updated Methods

• The Multiplier Method: Economic damages multiplied by a factor of 1-5, based on severity.
• Per Diem Approach: Assigning a daily rate for pain and suffering.
• Computerized Algorithms: Some insurers use AI-driven models to calculate settlement offers.

Legal Considerations

• Statute of Limitations: Typically 2-3 years, but varies by state.
• Comparative Negligence: How a victim’s potential role in the accident affects compensation.
• Insurance Policy Limits: Understanding the boundaries of what can be claimed.

Steps to Strengthen Your Claim

• Seek immediate and ongoing medical treatment.
• Document your injuries thoroughly with photos and medical records.
• Keep a journal detailing the impact on your daily life.
• Avoid discussing your case on social media.
• Consult with a personal injury attorney specializing in disfigurement cases.

Recent Legal Trends

• Increased use of expert witnesses in determining long-term impacts.
• Growing consideration of mental health impacts in settlement calculations.
• Rise in class-action lawsuits against vehicle manufacturers for design flaws leading to severe injuries.

What is the Average Compensation for Scarring and Disfigurement Injuries?

Usually, the settlement amount value of an injury resulting in significant facial scarring is between $40,000 to $150,000. When there is very severe, disfiguring facial scarring involved in personal injury lawsuits, however, it can have much higher settlement amounts. 

When pursuing compensation for scarring and disfigurement, it’s essential to be cautious about your online activities. Sharing images or details about your injuries on social media can impact your claim, as opposing parties may use this information against you.

Involved in a car crash? Our car crash attorney in Las Vegas can help you navigate the legal process.