Can I Seek Compensation for Car Accident Scars or Disfigurement From a South Bend Crash?

Posted on behalf of Pfeifer Morgan & Stesiak

on July 12, 2024

. Updated on July 12, 2024

Share:

man looking depressed in the darkCar accident scars or disfigurement can affect victims physically and emotionally. Permanent visible scarring on the face or other visible body parts like the neck, forearm or legs could alter an individual’s social and professional life.

Our South Bend car accident lawyers discuss common causes of scarring or disfigurement in a crash. We also review the three types of scars, how they affect victims’ lives and compensation for damages.

Our lawyers have over 170 years of combined experience and have helped injured clients receive more than $200 million in compensation.

If you or a loved one have scarring, disfigurement or another injury from a South Bend car crash, call Pfeifer, Morgan and Stesiak for a free consultation. We charge no upfront costs or fees to discuss your case.

Learn more about your legal options today: (574) 444-0741.

How did Your South Bend Car Accident Cause Scarring or Disfigurement?

Car crash scars and disfigurement can happen in numerous ways:

  • Airbag Deployment: While airbags save lives, the extreme force with which they deploy frequently causes burns and cuts.
  • Broken Glass: Shattered windows can cause lacerations, leading to permanent scars on your skin.
  • Metal and Debris: Crumpled car parts can puncture your skin, leaving lasting scars.
  • Burns: Car fires or explosions can cause severe burns, leaving disfiguring scars once they heal.
  • Surgical Procedures: Emergency surgeries to save lives after an accident can also leave scars.

What Are the Three types of Scars?

You can put scars into one of three main categories, based on their appearance and how they heal:

  • Keloid Scars: These raised scars are usually larger than the original wound. They can be itchy or painful. These scars are caused by excess collagen that forms during the healing process.
  • Hypertrophic Scars: These scars are like keloids but may not spread beyond the area of your wound. These scars are thick and rise above the injury site.
  • Contracture Scars: These scars usually occur from burns and tighten your skin, which may restrict movement, particularly if the scar forms near a joint. These scars often penetrate deep into the skin, possibly affecting nerves and muscles.

You can also classify scars based on where they occur. For example, facial scars usually result from deep cuts, burns, fractures, corrective surgeries, or nerve damage. Facial scars could also appear after losing an eye, part of your cheek, lips, ears or nose.

What is Permanent Disfigurement From a Car Crash?

Permanent disfigurement is a lasting change to someone’s physical appearance, often because of an injury. Disfigurement can affect any part of your body, such as the face, limbs, or torso.

Common examples of disfiguring injuries include:

  • Severe burn scars
  • Loss of body parts (amputations)
  • Facial asymmetry from nerve damage
  • Visible surgical scars

Permanent disfigurement can have profound physical and psychological effects, reducing quality of life.

What Are the Effects of Scarring or Disfigurement?

Scarring and disfigurement can deeply impact victims’ lives in the short and long term:

Short-Term Effects

  • Pain and discomfort: Victims may experience burning, sharp or dull aches, particularly in the face or other affected body parts, making daily activities painful and challenging.
  • Limited motion: Some scars may limit your ability to move, requiring a longer rehabilitation period.
  • Emotional distress and low self-esteem: Visible injuries or scars can cause people to experience feelings of anxiety, fear and a diminished sense of self-worth.

Long-Term Effects

  • Permanent Physical Changes: Injuries can cause lasting scars or changes to your body. This might affect how you see yourself and how others see you.
  • Ongoing Emotional Trauma: The psychological impact of the accident can include depression, anxiety disorders and post-traumatic stress.
  • Physical Complications: Some injuries can cause ongoing health issues, especially when scars form near joints. These scars may restrict your movement, leading to chronic pain, numbness or loss of function. Additionally, significant scarring can increase your risk of infections, complicating your recovery further.
  • Effects on Social and Career Opportunities: Car accident scars or disfigurement can have a negative effect on your social activities and professional life. You may isolate yourself and have trouble advancing your career or keeping your job, especially if you are in a front-facing position where you regularly need to work with other employees or customers.

What is Included in Scarring and Permanent Disfigurement Settlements?

Permanent scarring or disfigurement settlements can include various types of compensation, including:

  • Medical expenses, including surgeries, rehabilitation, appointments with doctors and other forms of ongoing medical care
  • Lost wages and earning capacity, if scarring affects your ability to work and could impact your future earning capacity
  • Pain and suffering, covering physical discomfort and emotional distress from your injuries
  • Mental distress, covers ongoing psychological impacts like anxiety and depression
  • Loss of enjoyment of life, some victims may not enjoy activities they did before their injuries
  • Loss of companionship, which refers to the effects of scars or disfiguring injuries on your marital relationship

What Is the Maximum Compensation I Can Recover for Scarring or Disfigurement?

You can look up the average settlement for scarring in Indiana, but each case is different. Indiana does not cap compensation for economic or non-economic damages in car accident cases, so the amount you can recover depends on several factors:

Severity of Your Scarring or Disfigurement

The worse your scarring and disfigurement, the higher your settlement may be worth. Visible scarring is probably going to be worth more compensation than scarring victims can hide beneath their clothes. For instance, facial scar claims may be worth more than scarring to the back.

Age and Health

Younger individuals or those in good health may be able to claim more compensation than older individuals. This is because younger people have more of their lives in front of them, which allows them to accumulate more damages.

This is particularly relevant to someone who has a career that requires them to interact publicly or maintain a certain appearance. Facial scarring and disfigurement could limit their job opportunities, forcing them to change careers.

Impact on Your Life and Mental Health

You might experience anxiety or self-consciousness in social settings, especially if you feel like people stare or avoid you. This could cause low self-esteem.

The greater the impact on your mental health, the more your settlement is likely to be worth.

How Do I File a Claim for Scarring or Disfigurement?

There are several steps you can take to pursue compensation after suffering car crash scars or disfigurement in South Bend:

  • Seek Medical Attention: Immediately see a doctor for treatment. If you wait, it could make your injuries worse. Additionally, seeking immediate treatment helps you to link your injuries to the accident.
  • Gather Evidence: Document the accident, your injuries and their impact on your life. This could include photos, medical records and witness statements.
  • Report the Accident: File a police report about the accident. The officer will write a report that may offer an unbiased account of the accident and who was at fault, which will strengthen your claim.
  • Consult a Lawyer: Contact an experienced lawyer to discuss your case. He or she will help you gather the documentation you need to build a strong case.
  • File a Claim: Your lawyer can help you file a claim with the at-fault party’s insurance company for compensation.
  • Negotiate or Go to Trial: An attorney can negotiate with the insurance company on your behalf to obtain a fair settlement. If the insurance company will not settle, your lawyer can take your claim to court to seek the compensation you need.

What if the At-Fault Party Faces Criminal Charges for My Scarring or Disfigurement?

While civil claims focus on compensation, the at-fault party may also face criminal charges, including jail time, depending on the circumstances of the accident. The driver responsible for your accident and resulting injuries may face criminal charges if he or she:

  • Was drunk
  • Engaged in reckless driving
  • Fled the scene of the accident

Civil and criminal cases can both proceed at the same time. One does not affect the other. For instance, you can file a civil case while the at-fault driver goes through the criminal justice system. Even if the at-fault driver goes to jail, you can still seek payment for your damages.

If the at-fault driver is convicted of a crime related to the accident, it can help your civil case, but it does not directly change your compensation amount.

If the at-fault driver does not have enough insurance or assets, it may be more challenging to collect full compensation. Consulting a lawyer can help you determine the best course of action.

Were You Scarred or Disfigured in a Car Accident? Call Pfeifer, Morgan and Stesiak

If you or a loved one has experienced scarring or disfigurement from a car accident, contact Pfeifer, Morgan and Stesiak.

Compensation cannot eliminate the toll that the scarring and disfigurement may have on your life. However, compensation allows you to treat these injuries and get help to cope with the psychological trauma you have endured.

We do not charge any fees unless we win your case and recover compensation.

Call Pfeifer, Morgan and Stesiak today for your free consultation: (574) 444-0741.

Pfeifer, Morgan & Stesiak

Serious Attorneys for Serious Cases