How Scar and Disfigurement Claims Are Evaluated in California

An accident can be a jarring experience for a victim. That experience is greatly exacerbated if an injury occurs and results in scarring or disfigurement. In California, a person experiencing this may be able to pursue a personal injury claim if the scarring or disfigurement was caused by another party’s negligence or wrongful conduct.

Below, we will discuss the process for a scar and disfigurement claim in California. Contact the team at McNicholas & McNicholas, LLP, to schedule a free consultation to learn more today.

What is considered disfigurement?

Disfigurement generally refers to a visible change in appearance that may be temporary or permanent. In California, this type of claim may be compensable if it was due to someone else’s negligence (though some may arise under other legal theories depending on the circumstances and facts of the case).

Common types of disfigurements include:

Facial scars

Facial scars can appear on the face, neck, or head. These may be from an injury or a surgical procedure to treat an injury.

Burn scars

Burns can result in several types of scars. Burns may also be treated with skin grafts, which can leave discoloration.

Amputations

Amputations of limbs, fingers, toes, and other body parts can leave victims with an altered physical appearance.

Nerve damage

Some types of nerve damage can result in alterations to a person’s appearance. For example, nerve damage can result in facial paralysis or drooping.

Severe lacerations

Severe lacerations heal and may leave visible marks, resulting in irregular, discolored, raised, or highly visible scars.

Surgical scars

Surgical scars from medical malpractice or emergencies may result in significant changes.

Crush injuries

Crush injuries may greatly impact a victim’s life. These types of injuries may change or alter a person’s appearance.

Skin conditions

Some types of injuries, such as hazardous chemical exposure or toxic substances, may result in lifelong skin conditions.

Facial bone or teeth loss

The loss of facial bones or teeth may change a person’s appearance. It may also impact the overall structure of the face.

Causes of scar and disfigurement claims

Many situations can result in a scar or disfiguring injury, including:

• Vehicle accidents
• Workplace accidents
• Assaults or violent crimes
• Medical malpractice
• Animal bites or attacks
• Burns

How California evaluates liability and claim value

In California, more than one party may be liable for a scar or disfigurement claim. The unique factors of each case are important and impact who may be liable. To understand your legal options, we recommend you speak to an experienced personal injury attorney.

Key factors assessed when determining the value of a claim

Many factors impact the value of a claim. They may include:

The location of the disfigurement

A visible, noticeable scar may receive higher compensation than a scar that can be covered.

Whether the disfigurement is permanent

Can treatment or surgery help the scar heal and be less noticeable? Scars that cannot be treated typically result in higher compensation.

Treatment costs

Current and future medical treatments are considered when determining the value of a claim. This may include reconstructive surgery or other expensive treatments.

The person’s age and occupation

How old is the victim? Younger people will have to live with the disfigurement longer, so they may see a higher value claim. Occupation is also an important component that is evaluated. Some people could see a negative impact on their occupation due to disfigurement or scarring.

The severity and visibility of the injury

Is the scar small and subtle? Or is it large and highly noticeable? The second situation may result in higher compensation.

Any functional limitations

Functional limitations may include scars that impact mobility or cause chronic pain.

The psychological impact

Becoming disfigured may have an impact on a person’s self-esteem and mental health. These are also considered when determining the claim value.

A knowledgeable personal injury attorney can help clients pursue compensation based on the facts of their case.

Scar and disfigurement claim FAQs

Many people have the same questions about scar and disfigurement claims. Common questions include:

How much compensation is available for a scar or disfigurement claim?

It would be unethical and speculative to state a definitive value of a claim without knowing the details of a case. However, we can say that in past scar and disfigurement claims, our team has fought for the following types of compensation:

• Current and future medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life

How do you prove a disfigurement claim?

A scar or disfigurement claim must prove negligence from another party. This includes four components:

• The other party owed a duty of care
• The other party breached the duty of care
• The breach directly caused the scarring or disfigurement
• Damages were suffered as a result of the aforementioned breach of care

An experienced burn injury attorney helps clients to prove negligence in these types of claims.

What kind of evidence is needed for a scar or disfigurement claim?

Evidence is essential to build a strong claim. Some examples of evidence include:

• Photographs of the injury
• Medical records
• Expert witnesses
• Personal testimony
• Witness statements
• Psychological evaluations

How long do I have to file a scar or disfigurement claim in California?

In California, there are legal timelines around when claims can be filed. For a personal injury claim, the timeline is usually two years from the date of the incident. The statute of limitations for a medical malpractice claim is usually three years from the date of injury or one year from the date of discovery, whichever comes first.

There are limited statutory exceptions, including for minors, fraud, or cases involving foreign objects left in the body, for medical malpractice claims, which may affect the timing of the statute of limitations.

If you are uncertain about the timeline for your situation, we encourage you to reach out to an experienced attorney.

Do I need a personal injury lawyer?

Whether you need a lawyer depends on the facts of your case. However, most personal injury attorneys offer free consultations. We recommend you reach out to one to understand your legal options. The team at McNicholas & McNicholas, LLP, offers free consultations.

Contact McNicholas & McNicholas, LLP, today for a free consultation

Navigating a scar and disfigurement claim can be daunting. At McNicholas & McNicholas, LLP, our team has experience helping clients through the legal process. We offer compassionate, dedicated legal support to clients until a claim is resolved. If you would like to discuss your unique situation and learn about legal options, we provide free consultations. Fill out this form or call us today to request your consultation.