A personal injury accident happens when someone suffers some type of harm due to another person’s carelessness. It can damage the victim’s emotional and physical health. A physical injury can include an injury to the plaintiff’s organs, limbs, or other parts of their body. Mental health issues generally include emotional pain and anguish caused by the accident.
Following an accident, the victim can file a claim under personal injury law against the responsible party, and use the civil court system to collect monetary damages for their injuries.
It is important to note that personal injury law is different from criminal law. A personal injury lawsuit is filed in civil court. Criminal actions may be filed separately if the incident involved one or more criminal acts.
An example of this would be if someone was attacked, the perpetrator could be charged criminally with assault and battery and civilly with a personal injury lawsuit.
Personal injury actions may fall into one of three categories, each of which have separate sets of elements which must be shown in order for a plaintiff to be successful in their claim:
- Intentional torts
- Negligence
- Strict liability
The most common types of personal injury accidents include:
Personal injuries can also occur intentionally, including cases in which the defendant meant to hurt the plaintiff. This also includes when the defendant did not necessarily mean to harm the plaintiff, but meant to commit a risky or dangerous act which resulted in injury to the plaintiff.
Personal injuries may occur unintentionally. If an injury is the result of the defendant’s negligence (lack of reasonable care), the plaintiff can file a civil lawsuit based on that negligent behavior.
Finally, in some cases where the defendant’s actions were inherently dangerous, they can be held strictly liable. This means that they are responsible for the consequences of their actions regardless of whether or not they behaved intentionally or negligently or not.
What Are Compensatory Damages?
If the personal injury plaintiff files a lawsuit, they will typically request some form of financial compensation (damages) from the defendant. These damages are known as compensatory damages because they compensate the plaintiff for injuries which they suffered.
Compensatory damages are awarded in order to restore a plaintiff to the position they were in prior to the harm or loss occurring. There are two types of compensatory damages: special damages and general damages.
Special damages are damages which can be easily calculated, including:
General damages are awarded for those losses that are not easily calculated. This may include losses such as:
In order for the plaintiff to receive compensatory damages, they must prove several elements of their claim. An example of this would be how in a negligence lawsuit, the plaintiff must show that the defendant owed them a duty of reasonable care, that they breached that duty, that a loss has in fact occurred, and that the loss was caused by the defendant.
In other words, the plaintiff must show that the conduct of the defendant is the cause of the loss or injury, generally caused by the defendant’s negligence. A common example of this would be when a defendant is negligent while speeding when driving, and causes an accident which injures the plaintiff.
Examples of various forms of evidence which may be used to support the plaintiff’s claim include:
- Statements from any witnesses
- Photos or videos associated with the incident
- Medical bills and police records
- Physical evidence, such as:
- broken glass
- dents
- other damage
Common types of negligence claims which result in compensatory damages for the plaintiff include:
- Medical malpractice, as well as other types of claims for professional malpractice
- Injuries caused by dangerous or defective products
- Slip and fall cases
- Car accident claims
- Assault and battery
- Dog bite cases, as well as other animal attack claims
When calculating the amount of compensatory damages that are to be awarded, the court will generally consider a wide range of factors related to the case, such as:
- The type and extent of the injury
- Any doctor or hospital costs
- Any costs associated with treatment or rehabilitation
- Any loss in the plaintiff’s ability to earn wages before and after the incident, and any actual loss of income
- Whether any property damage resulted from the incident
- Any other ways in which the incident has impacted the victim’s quality of life
Another type of damages are punitive damages. These damages are meant to punish the defendant when their behavior was particularly egregious. An example of this would be if a product was designed dangerously and the manufacturer knew that it could cause someone to be scarred and disfigured, but sold the product anyway. If the defendant is a large company, the punitive damages award can be thousands, even millions, of dollars.
It is important to note that there may be circumstances in which the plaintiff’s damages award can be reduced or limited. For instance, if the plaintiff contributed to their own injury, it may reduce their damages under contributory negligence laws. The extent of potential limitation depends on the state that the plaintiff lives in.
What Are Common Damages for Scarring And Disfigurement Lawsuits?
Some injuries can sometimes be permanent, including those that result in scarring and disfigurement. Even a small scar can cause pain, loss of flexibility or mobility, and emotional suffering. Disfigurement can affect a victim’s ability to enjoy their life.
Severe scarring and/or disfigurement can negatively impact many different areas of the victim’s life, resulting in lifelong emotional pain. Scarring and disfigurement can:
- Negatively impact the victim’s quality of life
- Lower their self-esteem
- Result in psychological damage
- Loss of reputation
- Loss of companionship
Scarring and disfigurement can result in several kinds of damages, similar to those previously discussed for personal injuries in general. They can result in easily calculable special damages such as medical costs, and less quantifiable general damages such as loss of reputation and emotional distress.
In scarring and disfigurement lawsuits, it is possible that the award for general damages will be higher than the award for special damages. In part, this is because of the bias that exists out against disfigured people. As mentioned, general damages can be hard to calculate. The judge or jury are free to award the plaintiff whatever amount of money they believe will compensate them for their emotional or physical suffering.
Do I Need a Lawyer for Help with Damages for Scarring and Disfigurement Lawsuits?
If you have been involved in a personal injury that has left you scarred and/or disfigured, you should consult with a local experienced personal injury attorney immediately.
Your lawyer will help you understand your legal rights and the options available according to your state’s specific laws, and will also be able to represent you in negotiations or in court if needed.
