Anyone who has suffered scarring or disfigurement as a result of another person’s negligence or intentional actions can potentially bring a lawsuit seeking damages. This could include individuals who have been injured in accidents, victims of medical malpractice, or individuals who have been physically assaulted or attacked.
In order to succeed in a scarring and disfigurement lawsuit, the plaintiff (the person bringing the lawsuit) must be able to prove that the defendant (the person being sued) was responsible for their injuries and that the scarring or disfigurement was a direct result of the defendant’s actions or inaction.
Eligibility for Scarring and Disfigurement Lawsuits
In order to be eligible to bring a scarring and disfigurement lawsuit, the plaintiff must be able to prove that the defendant’s actions or inaction were the cause of their injuries. This means that the plaintiff must be able to prove that the defendant was either negligent or intentional and that negligence or intent to harm resulted in the plaintiff’s scarring or disfigurement.
There are four major parts that must be shown in order to recover a damages award for injuries sustained due to someone’s negligence. It is important to note that even when those four elements are shown and negligence is established, a defense could mitigate how much a defending party must pay. Although the exact elements for negligence vary by state, in general, the following elements must be proved by a plaintiff in order for them to recover for their scarring and disfigurement:
- The Defendant Had a Duty: A duty is the responsibility one person owes to another. In general, people who are going about their day owe a duty of “reasonable care.”
- Reasonable care is the level of care any ordinary and reasonably prudent person would use in the same situation.
- For example, if a person is driving during inclement weather, exercising reasonable care may be driving under the speed limit or taking other preventive measures.
- Alternatively, a driver would not be exercising reasonable care if they were driving over the speed limit during inclement weather or took no other preventive measures as determined by the circumstances;
- The Defendant Breached Their Duty Owed to The Plaintiff: A breach of duty occurs when a person’s level of care falls below the level required by their duty.
- Continuing the above example, the person driving over the speed limit breached their duty of reasonable care by speeding during inclement weather, which placed other drivers at risk of harm;
- Causation: Additionally, the breach of a duty must be the direct cause of injury suffered by the plaintiff.
- The basic test for legal causation is, ‘but for’ one party’s actions, the injury would not have occurred.
- Continuing the above example, if the person speeding during inclement weather did not have enough time to stop before hitting another vehicle, they have breached their duty of reasonable care, and this breach then caused injury to the other car.
- In other words, ‘but for’ the speeding party’s actions, the other car would not have been injured; and
- Damages: Finally, the plaintiff must demonstrate that they suffered quantifiable harm.
- Although the specific type of injury can vary, proving scarring and disfigurement damages generally means providing evidence of past and future medical bills, along with emotional damages associated with the scarring and disfigurement.
- Importantly, this may involve the plaintiff employing an expert medical witness that will be used to prove future damages, as well as help prove up the plaintiff’s request for emotional distress damages.
Once again, the laws governing scarring and disfigurement lawsuits vary by state. As such, some states may have specific statutes that address damages related to scarring and disfigurement. At the same time, other states will apply their more general personal injury statutes to compensate a person who suffered scarring and disfigurement.
How Does Defective Manufacturing or Defective Design Factor into Scarring and Disfigurement Lawsuits?
In addition to a third party causing a plaintiff harm as a result of their negligence or intentional actions, a third party may also harm and cause a plaintiff to scar a disfigurement by way of a defective product. Unlike personal injury claims negligence, defect cases are generally based on the legal doctrine of products liability.
A products liability claim involves a manufacturer or seller of a product being held accountable for placing a defective product into the stream of commerce. Then, any party responsible for any part of the manufacture of the defective product could be held liable, along with any seller of the product.
Defective products as a result of defective manufacturing or a defective design often may result in scarring and disfigurement lawsuits if the defect results in scarring or disfigurement of the plaintiff.
There are three ways in which to categorize defects that may result in liability to one or all of the previously mentioned parties that could be responsible for the scarring and disfigurement of the plaintiff:
- Design Defects: Design defects are defects in the design of the product.
- A defective design renders a product inherently flawed, and because of this, it could lead to potential liability;
- For instance, there were many cases involving smartphone products with batteries that were prone to explosions and fires, resulting in scarring and disfigurement lawsuits.
- Manufacturing Defects: A manufacturing defect occurs when the manufacturer puts the product together in such a way that makes the product unsafe; and
- Defective Warnings: Some products may lead to a products liability suit if there is an inadequate warning regarding the product and how it is to be used and maintained.
It’s important to note that each product liability case is unique, and the specific legal theories and arguments that may be available to a plaintiff will depend on the facts of the case.
How Much Compensation Should I Expect for Scars and Disfigurement Case?
Lawsuits associated with disfigurement and scarring injuries often result in a monetary damages award being awarded to the plaintiff. However, as for the exact compensation an individual may expect for scarring and disfigurement, that will depend on a variety of different elements.
For instance, the severity of the plaintiff’s injuries, the impact that the injuries have had on the plaintiff’s life, and the amount of damages the plaintiff has incurred as a result of their injuries will all play a role in determining the total damages award. Further, the future damages associated with the care and treatment of the plaintiff’s injuries will also be considered.
Examples of common damages that may be available in a scarring and disfigurement case include:
- Medical Expenses: Plaintiffs may be able to recover damages related to the cost of their past medical treatment, including surgery, hospital stays, physical therapy, and other related expenses;
- Future Medical Expenses: Plaintiffs may also seek to recover the costs associated with future medical treatment and expenses related to their scarring and disfigurement;
- Lost Wages: If a plaintiff was unable to work or had to miss work due to their injuries, they may be able to recover the wages they lost as a result of their injuries;
- Pain and Suffering: Plaintiffs may be entitled to damages for the physical pain and emotional suffering that they have experienced as a result of their injuries;
- Disfigurement: If a plaintiff has suffered permanent disfigurement, then they may be entitled to make a claim for damages for the impact that the disfigurement has had and will have on their appearance and their ability to function in their daily life.
What Is the Average Settlement for Scarring?
Once again, It is difficult to determine an average settlement amount for scarring cases because the amount of compensation that a person may receive will depend on a variety of different factors and the specifics of their individual case.
Factors that may impact the value of a scarring and disfigurement case may include:
- The Location of The Scar: Scars on the face, neck, and hands may be more significant than scars on other parts of the plaintiff’s body that are not as visible;
- The Size of The Scar: Larger scars may be more significant to a higher damages award than smaller scars;
- The Depth of The Scar: Scars that are deeper and more permanent in nature may be more significant than those that are more superficial;
- The Impact on The Person’s Appearance: Scars that have a significant impact on the person’s appearance may be more significant than those that do not;
- The Impact on The Person’s Ability to Function: Scars that have a significant impact on a person’s ability to function in their daily life may be more significant than those that do not.
Once again, the value of a scarring and disfigurement case will depend on the specific facts of each individual’s case and the laws of the state where the case is being brought.
Are There Any Defenses for Scarring and Disfigurement Lawsuits?
There are several legal defenses that a defendant may attempt to raise in order to avoid liability for injuries that resulted in scarring and disfigurement of a plaintiff. One of the main legal defenses is that they were not the party that was responsible for the scarring and disfigurement of the plaintiff.
Other common legal defenses that may be raised include:
- Lack of Causation: The defendant may argue that their actions or inaction were not the direct cause of the plaintiff’s injuries, thus attacking an element that the plaintiff must prove to recover for their damages;
- Comparative Fault: If the plaintiff was also at fault for their injuries, the defendant may also argue that the plaintiff’s own actions contributed to their injuries and that the damages should be reduced accordingly;
- Assumption of Risk: If the plaintiff knew or should have known about the risks associated with their actions and chose to undertake those actions anyway, then the defendant may argue that the plaintiff assumed the risk of injury and is not entitled to recover damages;
- Statute of Limitations: In most states, there is a time period within which a personal injury case must be filed.
- For instance, in the state of Texas, personal injury matters must be brought within two years. If the plaintiff fails to file their lawsuit within this time limit, then the defendant may argue that the case should be dismissed because it is barred by the statute of limitations.
It’s important to note that the legal defenses available to a defendant in a scarring and disfigurement lawsuit will depend on the specific facts of the case and the laws of the state where the case is brought.
Should I Consult an Attorney About Scarring and Disfigurement Lawsuits?
If you were injured and that injury has resulted in scarring and disfigurement, then it is in your best interests to consult with an experienced personal injury attorney. An experienced personal injury attorney will be aware of your legal rights and options under your state’s specific personal injury laws.
An attorney will also be aware of any existing class action lawsuits that you may be able to join involving a product that resulted in scarring and disfigurement. Finally, an attorney will be able to help you identify the party responsible for your injuries, as well as represent you in court, as needed.
