Settling Personal Injury Cases: 3 Factors That Matter When Taking Scars Into Consideration
After filing a personal injury case with an attorney, there's a good chance that the opposing party will want to negotiate settlement options rather than take the case to court. As a matter of fact, only 4% of personal injury cases end up going to trial. During negotiations, you and your attorney need to lay out the type of injuries you sustained, the extent and severity of the injuries, and how the injuries have affected and will continue to affect your quality of living. In particular, you'll want to discuss compensation for any permanent or major scarring you've sustained. Here are 3 factors that come into play when determining the amount of compensation that is reasonable for scarring.
Your Age and the Location of the Scar
Surprisingly, your age and the location of the scar will be a huge factor in determining the amount of compensation that you are entitled to. If you are young, you will receive significantly more compensation than if you sustained the same injuries, but at an older age, as the value of a scar on a 90-year-old man will be significantly less than the value of an identical scar on a 24-year-old woman. If a jury oversaw your personal injury case, gender might also play an important role. In general, women are awarded higher compensation for scarring than men.
On top of your age, the location and visibility of the scar will also need to be taken into consideration. If the scar is located on a body part that can be easily concealed or will generally be concealed during most days, like on your buttocks, it will be valued significantly less than if it was located on a highly visible body part, like on your face.
Future and Current Costs Involved with Scar Removal
Thanks to advances in the medical field, there are plenty of treatment options available for scar removal. If you have already tried taking medication, applying ointment, or even undergoing laser surgery to remove the scar, you can request full compensation from the opposing party during negotiations. You can also factor in the cost of any wage loss experienced and miscellaneous expenses associated with the scar removal treatment. For example, if you had to travel to another state, you can include travel expenses into your negotiations.
If you still require additional medications and treatments in order to completely and fully remove the scar, you can then factor in these costs as well. It's usually a good idea to get the opinion of a medical expert in these matters. You need to determine how much future scar removal treatments and medications are likely going to cost and the success rate of these treatments,
The Emotional Distress Suffered in the Meantime
Having to deal with scarring can be very emotionally draining, especially if the scars are located in visible areas, like your face. Your attorney will also want to negotiate a sizeable amount of non-economic compensation for you. This is basically going to compensate you for any emotional duress or stress that you experienced as a result of the entire ordeal. You might feel less confident when going out in public as a result of the scar. This might prevent you from enjoying activities that you previously loved.
Your attorney may not actually need any evidence from you when negotiating compensation for non-economic losses. However, if you are willing to testify in regards to how the scarring has affected your quality of living, you might be able to present a more convincing case.
If you've been scarred as a result of an accident, your personal injury lawyer can help you obtain the compensation that you need to pay for scar removal treatments. They can also help you obtain compensation that you deserve for your troubles. You can continue reading more here.