When you are involved in a serious accident and are able to overcome the injuries you’ve suffered, you may be left with a visible reminder of the trauma and pain you endured due to the negligence of another person. When you have endured injuries that result in scarring or disfigurement, it’s critical to understand that you can seek compensation for the damages you’ve endured as a result. The following blog explores what you should know if you wish to seek economic compensation. Additionally, you’ll learn the importance of working with a Sacramento personal injury lawyer to explore your legal options during these difficult and challenging times.
Are There Different Kinds of Scarring or Disfigurement?
First and foremost, it’s imperative to understand that, generally, all scarring is a type of disfigurement, but not all instances of disfigurement are scarring. Scarring is typically the result of severe damage to the deep layers of your skin. During the healing process, as your skin fuses back together to close the wound, the skin can grow thicker and more pronounced.
Disfigurement, on the other hand, can refer to other visible changes to your body as the result of someone else’s negligence. As mentioned, scarring is a form of disfigurement. However, there are other forms, like limb loss, changes to bone structure, or enucleation.
Not only can scarring and disfigurement serve as a visible reminder of the trauma you’ve suffered, but it can also have physical impacts. In many instances, scarring or disfigurement can cause pain, nerve sensitivity, and loss of mobility.
How Can I Recover Damages for These Matters?
When you are involved in an accident that leaves you with physical injuries, you are generally eligible to fight for two different types of compensation. The first are economic damages, which reflect things like your medical bills or the income you lost because you had to take time off of work. The other kinds of damages you can seek are non-economic. These reflect the non-tangible and emotional damages you have endured as a result of the accident you were involved in, such as pain and suffering, loss of enjoyment of life, or mental anguish.
To seek compensation for the damages you have endured as a result of the actions of another person, you’ll need to establish the four elements of negligence under California law: (1) the other party owed you a duty of care, (2) they breached that duty through action or inaction, (3) the breach directly caused your injuries, and (4) you suffered actual damages as a result. California law further requires that causation be proven by a preponderance of the evidence, meaning it must be more likely than not that the defendant’s conduct caused your harm. Additionally, because California follows a pure comparative negligence rule, any compensation you receive may be reduced in proportion to your own share of fault for the accident. Beyond proving liability, you’ll also need to demonstrate how the scarring or disfigurement has negatively impacted your daily life, earning capacity, and emotional well-being.
Though receiving compensation can’t undo the scars left, both physically and mentally, it can help ease the financial burden that being involved in an injury can cause. However, navigating this process on your own can be incredibly complicated, which is why it’s in your best interest to connect with an experienced attorney with the Law Offices of Dale R. Gomes. Our firm understands how frustrating these matters can be, which is why we will fight for the best possible outcome. Contact us today to learn more.