A Guide to Scarring & Disfigurement Compensation

Understand your right to personal injury compensation for a scarring or disfigurement injury in Miami.

In Miami, accidents often happen in the blink of an eye, yet their consequences can last a lifetime. Scars and disfigurement are injuries that come with unique challenges, carrying with them not just the visible reminders of the event but often profound emotional and psychological effects as well. 

If you or a loved one is currently dealing with scarring or disfigurement from an accident caused by someone else’s negligence, please know that legal recourse is available. 

At Redondo Law, accident attorney Mike Redondo can guide you through the process of securing the justice and compensation you deserve for both physical and emotional damages.

Learn more about your rights today by scheduling a free consultation.

The prevalence and impact of scarring

According to a study published in the National Library of Medicine, every year, approximately 100 million people across the globe suffer from scarring due to planned surgeries or emergency operations after injuries. 

These scars are often more than just a minor cosmetic concern. In fact, experts have found that people with atypical scarring (scars that heal abnormally) endure a variety of challenges, including physical discomfort, psychological distress and social difficulties, all of which can lead to significant emotional and economic strain. 

Another study published in the Journal of Affective Disorders confirms this finding, noting that in their review of more than 20 studies involving 2,394 participants with facial scarring, 26.1% experienced anxiety and another 21.4% experienced depression.

These findings underscore the profound impact that scarring and disfigurement can have on an individual’s life. It’s not just about the visible marks; it’s also about the psychological toll, the potential for ongoing medical treatment and the loss of opportunities. 

What is disfigurement?

Disfigurement refers to a change in appearance that alters the natural structure or form of the body, usually in a way that is perceived as unfavorable or aesthetically challenging. 

This alteration can be permanent or temporary and may result from a variety of causes, including accidents, burns, trauma, surgery or certain diseases. Disfigurement can affect any body part, but it is particularly impactful when it involves visible areas such as the face, hands or limbs.

Is a scar considered disfigurement?

Yes, a scar can be considered a form of disfigurement, especially if it significantly alters a person’s appearance. The degree to which a scar is considered disfiguring can depend on various factors, such as its size, location, and the degree to which it contrasts with the surrounding skin. 

Scars on highly visible areas of the body, like the face, may be more likely to be perceived as disfiguring. 

What types of accidents typically result in compensation for scarring and disfigurement injuries?

While scarring and disfigurement can result from a wide range of accidents, the extent and severity of the scarring depends on multiple factors, including the nature of the accident, the individual’s healing process, the timeliness and quality of medical care received, and sometimes, the location of the injury on the body. 

With that being said, below are some common accidents that often result in significant scarring or disfigurement:

• Car accidents. In automobile collisions, especially ones involving pileups of multiple cars, sharp debris, shattered glass or the force of impact can result in lacerations or burns that may lead to permanent scarring.
• Truck accidents. Due to their size and weight, trucks can cause catastrophic injuries that often result in severe scarring.
• Motorcycle crashes. On a motorcycle, the lack of a protective barrier between the rider and the road can lead to significant road rash and scarring from even minor accidents, especially if the rider isn’t wearing a helmet.
• Pedestrian accidents. When pedestrians are struck by vehicles, the lack of protection can lead to serious cuts and abrasions from the force of the collision that don’t heal well, leaving scars.
• Bicycle accidents. Cyclists are vulnerable to road rash or facial scarring, as falls or strikes from vehicles often leave unprotected skin susceptible to severe abrasions.
• Boating accidents. Boating accidents, with the risks of high-speed impacts or propeller injuries, can inflict deep cuts that are likely to scar upon healing.
• Slip-and-fall accidents. Unsafe conditions can turn a simple slip, trip or fall into a serious injury, with potential cuts or trauma to the face that can scar if wounds are deep.
• Dog bites. Dog bites, with their deep puncture wounds and potential for tearing flesh, almost invariably result in scarring.
• Surgical errors. Surgical procedures can leave patients with unintended incisions or poorly healed wounds that manifest as lasting scars, especially when medical errors are made during the operation.

If you experienced scarring or disfigurement after these or any other accidents caused by someone else’s negligence, you may be entitled to significant compensation through a personal injury lawsuit.

Can you claim for disfigurement?

Yes, individuals who have been disfigured as a result of an accident caused by someone’s negligence can file a personal injury lawsuit for compensation. 

This can include reimbursement for economic damages like medical expenses and costs of future surgeries or treatments related to the disfigurement, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. 

So, how much money is a scar worth?

The amount of compensation you’re entitled to for scarring or disfigurement will depend on multiple factors, including the severity of the scarring, how visible the scars are, the impact on your daily life and ability to work, the cost of medical treatments, and the psychological counseling needed to address the trauma associated with the injury.

Because compensation can vary, you should consult with a personal injury attorney for help understanding the amount of compensation you may be entitled to in your case.

What counts as significant disfigurement?

Significant disfigurement refers to changes in a person’s appearance that are substantial or long-lasting, often resulting from injuries or medical conditions. In legal and medical contexts, for disfigurement to be considered significant, it typically needs to meet certain criteria, such as:

• Visibility. The disfigurement is readily observable and not easily concealed by clothing or makeup.
• Permanence. The changes are permanent or expected to last for a considerable period.
• Severity. The alteration of appearance is severe and not just a minor imperfection or blemish.
• Impact on daily life. The disfigurement affects the individual’s ability to perform certain functions or engage in social activities, either through physical limitation or psychological distress.

In the legal arena, the concept of significant disfigurement can influence judgments related to personal injury claims. Medical assessments and photographic evidence often play a critical role in establishing the level of disfigurement in such cases.

Is there a limit to the amount of compensation you can get for pain and suffering in Florida?

No, in Florida, there is currently no cap on the amount of compensation you can receive for pain and suffering in most personal injury cases. This includes cases involving significant scarring or disfigurement. 

In 2017, the state’s Supreme Court ruled that caps on non-economic damages, such as pain and suffering, are unconstitutional. Therefore, the compensation is determined by the jury on a case-by-case basis without a predefined limit.

How long do I have to file a claim in Florida for scarring or disfigurement?

In Florida, the statute of limitations for filing a personal injury claim is typically 2 years from the date of the accident or from the date the injury was discovered (this often applies in cases involving medical malpractice where the injury might not be immediately evident). 

It’s crucial to initiate legal proceedings within this timeframe to preserve your right to seek compensation for injuries such as scarring or disfigurement.

Get help with your scarring or disfigurement claim from a skilled Miami accident attorney

If you’re grappling with the aftermath of an accident and are now facing the challenge of living with severe scars or disfigurement, it’s crucial to understand the value of your claim so you can get the full compensation you deserve. 

At Redondo Law, experienced Miami injury attorney Mike Redondo can investigate your case, consult with medical experts, and negotiate with insurance companies to help you get maximum compensation. Get started on the path toward healing and financial freedom today by scheduling your free consultation using the form below.