How Do You Seek Damages for Scarring and Disfigurement?
When life takes an unexpected turn and an accident leaves you with life-long physical injuries, navigating the road to recovery can be overwhelming. This is particularly true in cases of scarring and disfigurement, where the visible and emotional scars can run deep.
These cases come in various forms and degrees, each with their own unique challenges. This sudden change can affect how survivors see themselves, how they interact with others, and how they feel about their life in general. Even simple everyday tasks can now cause victims to feel self-conscious and worried, which makes the journey to recovery incredibly complicated.
Losing a limb
The loss of a limb introduces profound changes that extend far beyond the physical realm. The tasks that were once second nature now demand superhuman efforts, requiring constant adaptation and innovation. Simple acts of daily life—buttoning a shirt, tying shoelaces, or holding a cup—become complex acts of resilience, demanding determination, and strength. Additionally, the emotional toll can’t be overlooked; the psychological adjustment to this altered physical state can be as challenging as the physical adjustments themselves.
Suffering from burns
Did you know over 30,000 people are treated for burn injuries each day across the world? Among them, a significant portion faces not only the physical pain but also the psychological impact of altered appearance, emphasizing the challenges that scarring and disfigurement can bring.
Burn injuries, resulting from sources like fire, chemicals, or electricity, have a profound and lasting impact on those affected. These injuries don’t just hurt physically, they also leave permanent marks on the skin that act as a constant reminder of the traumatic incident that occurred. These marks, visible to the world and to the individual themselves, can trigger a range of emotions, from self-consciousness to distress.
The other sides of disfigurement
Disfigurement encompasses a wide array of physical changes arising from accidents or injuries. Even though it’s what we most often think of, disfigurement isn’t limited to visible alterations to the skin. It reaches beyond that, extending to various bodily functions and features:
- Eyes: Damage to the eyes can result in impaired vision or even complete blindness.
- Motor function loss: Disfigurement can include scenarios where loss of motor function makes once-simple movements difficult or impossible.
- Nerve damage: Nerve damage involves impaired nerve function, which can lead to changes in sensations or paralysis.
The emotional toll of scarring and disfigurement
Beyond the physical toll, disfigurements and burns often leave victims with emotional trauma. It involves wrestling with the memory of the event, the pain endured, and the profound changes it has brought to the victim’s life. In many cases, the emotional scars can be just as significant as the physical ones. According to some studies, individuals who have experienced facial disfigurement are at a higher risk of developing anxiety and depression due to the emotional impact of their altered appearance.
Seeking damages in Nashville personal injury cases
When scarring and disfigurement emerge due to a Nashville car accident or other injuries, pursuing compensation through a personal injury lawsuit is an important step in getting the compensation you deserve. In Tennessee, like in many other places, the basis for asking for money as compensation comes from the idea of negligence. If someone is careless or does something wrong that causes an accident resulting in scarring or disfigurement, they can be held responsible for the harm that follows.
Compensation in personal injury cases involving scarring and disfigurement covers a breadth of categories, including:
- Medical expenses: Encompassing surgeries, treatments, medications, and ongoing care, these expenses form a substantial component of the claim.
- Pain and suffering: Both the physical and emotional anguish endured factor into the damages. This encompasses not only immediate pain but also the long-term effects reshaping daily life.
- Emotional distress: The emotional toll resulting from altered appearance and the associated challenges is also compensable. Anxiety, depression, and a reduced quality of life are considered.
- Loss of enjoyment: Diminished ability to engage in daily activities, hobbies, and relationships can be included in the compensation claim.
To understand how much harm has happened, it’s important to look closely at how the injury has affected different parts of the victim’s life. To make a strong argument for getting compensation, it’s crucial to gather a lot of strong evidence:
- Medical records: Detailing the injury’s extent, treatments received, and ongoing medical necessities.
- Photographs: Visual documentation capturing the progression of the injury and its impact.
- Expert opinions: Inputs from medical professionals attesting to the severity of disfigurement and its enduring consequences boost the claim’s strength.
Workers’ compensation for permanent disabilities
Navigating the aftermath of a work-related injury in Tennessee requires a nuanced understanding of the state’s workers’ compensation laws, particularly when it comes to cases involving permanent disabilities. These laws are in place to provide support and relief to those who’ve sustained injuries while on the job. In instances where the injury leads to permanent disabilities such as scarring, disfigurement, or the loss of a limb, workers’ compensation laws play a crucial role in ensuring that affected individuals receive the assistance they need.
When seeking permanent disability benefits due to work-related accidents, there’s a structured process that involves:
- Submitting claims to start the process.
- Providing medical evidence to establish the extent of the disability.
- Documenting impact that outlines the injury.
Is scarring and disfigurement covered under Social Security Disability?
While Social Security Disability Insurance (SSDI) typically covers conditions that significantly hinder an individual’s ability to work, severe cases of scarring and disfigurement can indeed meet these same requirements. When these conditions substantially limit daily functioning and employment prospects, individuals might qualify for SSDI support, emphasizing the program’s role in helping those facing substantial barriers due to their injuries.
If you were involved in a Nashville accident that resulted in scarring or disfigurement, starting a legal case to secure compensation for your injuries and losses is an important start. An experienced lawyer will be there every step of the way and help gauge what’s fair compensation based on the extent of your damages. At Rocky McElhaney Law Firm, we’re ready to help. Reach out to us today by calling our office or completing our contact form for a free case evaluation at any of our convenient locations in Nashville, Hendersonville, Murfreesboro and Clarksville.