What Are My Rights If A Car Accident Leaves Me With Permanent Scarring
Key Highlights:
- If you’re wondering about what are my rights if a car accident leaves me with permanent scarring, you have the right to pursue full compensation for medical expenses (including future scar revision), lost wages, pain and suffering (emotional distress).
- As far as filing your burn scars from car accident claim, under N.C.G.S. § 1-52, there is generally a strict three-year window from the date of your accident to do so. If your claim involves a government entity, you may only have one year to file your claim.
- North Carolina has a strict contributory negligence statute. In other words, if you were found to be even one percent at fault for the accident, you could be completely barred from recovering financial compensation.
- The amount you’ll recover in settlement for your scarring will vary significantly based on the visibility (i.e., facial or neck scars), severity, future need for reconstructive surgery, and whether or not the permanent scar has impacted your ability to earn a living.
Permanent scarring from automobile accidents warrants full legal recognition due to the permanent physical realities of the lives of those affected by the negligent actions of an at-fault driver. Understanding what are my rights if a car accident leaves me with permanent scarring is necessary to successfully hold the at-fault driver accountable for the full impact of his or her negligence.
Disfigurement is serious and compensable in North Carolina, rather than a secondary concern. Tatum & Atkinson Law Firm will ensure that your legal rights will be fully respected by the legal system.
To talk to our personal injury lawyers, contact us at (800) 529-0804 for a free consultation.
What Are My Rights If a Car Accident Leaves Me With Permanent Scarring?
In North Carolina, if you have suffered from an accident caused by someone else’s negligent acts, you are entitled by law to recover damages for every aspect of your injury, including permanent physical disfigurement. According to N.C.G.S. § 1-52, you have three years from the date of the accident to bring a permanent scarring car accident claim.
Your basic rights as an injured party due to disfigurement include obtaining:
- Total compensatory damages, which include medical expenses both past and future, lost income, and pain and suffering.
- Special damages for both disfigurement and any permanent physical impairment.
- Damages for the emotional distress from permanent scarring, and N.C. Courts recognize these claims.
- A right to pursue a disfigurement injury lawsuit if your insurer fails to pay fair value for your injuries. North Carolina courts will hear your lawsuit if this situation arises.
- Access to a scar injury lawyer North Carolina on a contingency fee basis, meaning that you do not owe the attorney anything until the car accident attorney wins your case.
Under the contributory negligence rule of North Carolina, if you are determined to be even partly responsible for your injuries, you could be completely barred from receiving an award for your injuries. Therefore, you must have an experienced North Carolina disfigurement injury attorney to represent you. This is not an option; it is a necessity.
Can Permanent Scarring Increase a Car Accident Settlement in NC?
Yes, absolutely. Permanent scarring adds “general damages” in the form of non-economic damages (i.e., disfigurement, pain, and emotional suffering), substantially raising the value of a settlement. Factors affecting how much you will receive for your personal injury compensation for scarring, including all forms of scarring, are as follows:
- Location: Scarring on the face, neck, and hands has a significant valuation difference from scars located anywhere else due to visibility.
- Severity: The deeper and more raised or discolored a scar is, the more money you’ll be awarded versus minor abrasions.
- Employment: If your ability to work has been impacted by the way you look due to scarring, you can recover for that loss.
- Future treatment costs: If you have to undergo future surgical revision of your scar or reconstructive procedures, those costs associated with the future surgeries will also be compensated in full.
A skilled scarring injury attorney North Carolina will consider the aforementioned factors, as well as any other relevant factors, when evaluating your case. Therefore, for cases involving either disfigurement or burn scarring, the final settlement amounts achieved will frequently be significantly greater than traditional values for soft tissue injuries due to the thoroughness with which these types of losses can be documented and presented at trial or mediation.
What Types of Injuries Cause Lasting Scars—and Can You Sue?
In North Carolina, the most common sources for permanent scarring car accident claims are as follows:
- Deep cuts, or lacerations, from a vehicle that broke glass or other hard materials during an accident.
- Another common source of scar injuries is from severe skin abrasions (road rash) that occur on motorcycles and in accidents where a person has become unseated from a vehicle.
- If you undergo any type of emergency or life-threatening surgery, you will likely be left with a lasting surgical scar.
- If a person suffers a third- or fourth-degree burn injury, the individual can have a scar from their burn injury and may need to undergo surgical grafts, compression therapies, and lengthy rehabilitation processes for their burn injury.
“The scar tissue formed from a burn injury can result in contraction and tightening over time. When this tissue contracts, movement becomes limited in the joints or from the skin retracting, which creates a functional disability. In addition to just physical disfigurement, this results in greater value for a burn scar from a car accident injury.” – Robert Tatum, Founding Attorney
Can I Sue for Permanent Scars After Accident?
Yes, you may file suit against the individual who caused the accident, provided they acted negligently and you have filed your lawsuit within the three-year statute of limitations set forth in North Carolina.
Facial disfigurement as a result of a motor vehicle accident is one of the most common types of damage, and making such a claim for car accident facial scar compensation is widely accepted in North Carolina personal injury law, as the impact of facial disfigurement on all aspects of your daily life is tremendous.
What Compensation Is Available, and How Is Emotional Trauma Proven?
Disfigurement injury lawsuit North Carolina can result in three categories of recovery.
Compensation You Can Recover
- Economic Damages: The actual costs incurred due to the injury, including hospital bills, lost wages, and future treatment costs such as plastic surgery or scar revisions.
- Non-Economic Damages: Intangible losses that affect the plaintiff’s life, such as the physical pain and suffering, emotional distress resulting from permanent facial scarring or disfigurement, the loss of enjoyment of life, and the loss of consortium.
- Punitive Damages: These are additional awards for the purpose of punishing the defendant for egregious conduct, for example, driving under the influence.
How Emotional Trauma Is Proven
Even though damages for emotional distress resulting from a permanent scar are available, North Carolina courts demand objective records to substantiate the emotional distress beyond your mere words.
To build a robust case, a catastrophic disfigurement lawyer North Carolina will generally collect the evidence reasonably necessary for a robust case:
- Medical Records: Complete therapy notes, psychiatric evaluations, and psychological treatment records.
- Expert Testimony: Professional opinion on how the disfigurement would affect the psyche in the long term from a mental health expert.
- Lay Witness Statements: Observations and firsthand accounts from family, friends, and co-workers who have witnessed changes in your behavior, personality, or social interaction.
- Photographic Evidence: Well-lit, clear, and unblurred photographs of the plaintiff demonstrating before-and-after images of a sequence of the external visual changes in their body.
In this presentation of evidence, the aim is to give the insurance company or jury an exceptionally explicit and complete idea of how the scarring has impacted your life socially, professionally, and psychologically.
Will Insurance Cover Scar Revision Surgery in NC?
The insurance company for the at-fault driver is obligated to pay for all associated medical costs, including future reconstructive procedures. However, insurers almost always claim the scar revision is “cosmetic” and not medically necessary as a reason to deny or reduce the amount they’re willing to pay on scar revision claims.
Your scar injury lawyer North Carolina could retain plastic surgeons and dermatologists to provide testimony that the scar revision is medically necessary to restore function, relieve chronic pain, or limit emotional distress, thereby changing the designation of the scars to make the future costs associated with scar revision 100% recoverable through your visible scar injury settlement North Carolina. Before relying on the insurer’s description of your injury, you should first consult with an attorney.
How Long Do You Have to File and When Should You Hire an Attorney?
In North Carolina, the statute of limitations to file a personal injury claim is three years, according to N.C.G.S. § 1-52, which applies to all injuries (disfigurements included). The statute may not begin for minor children until they turn 18. There are also shorter and stricter deadlines for filing claims against government entities, such as vehicle accidents involving government employees. These claims may need to be made within one year of the incident, so you must seek legal advice if your accident involved a public entity.
You need to hire a North Carolina disfigurement injury attorney as soon as possible for several reasons:
- Evidence can disappear quickly; for example, video footage can be recorded over, and witnesses may forget what they saw.
- Insurance companies work quickly (they may offer low settlements that will prevent you from receiving a fair amount later on).
- North Carolina uses a contributory negligence law that does not allow you to recover damages if you have been found even 1% at fault for your injuries.
Tatum & Atkinson Law Firm will handle your case on a contingency fee basis (you do not have to pay unless we win). Please call (800) 529-0804 for a free consultation.
What Evidence Strengthens a Scar Injury Case?
Successful visible scar injury settlement North Carolina typically include detailed, consistent documentation from the date of the incident:
- Photos taken shortly after the accident, along with periodic updates throughout the course of treatment.
- Complete medical records from every provider who treated you, including, but not limited to, ER doctors, orthopedic surgeons, plastic surgeons, dermatologists, and any other doctors who treat you for your ongoing problems.
- Your doctor’s anticipated future treatment plan, along with the associated costs.
- Your employment documentation, including documentation of lost wages, missed promotions, and any other long-term effects due to your scarring on your work/career.
- Your personal journal documenting your daily pain, emotional distress, and limitations in lifestyle.
- Independent medical opinions from an expert retained by your attorney for independent, objective, credible testimony.
The sooner evidence is preserved, the stronger the case. Tatum & Atkinson Law Firm’s legal team takes action as soon as they are retained to ensure that nothing important is lost.
Contact Tatum & Atkinson Law Firm: No Fee Unless You Win
Tatum & Atkinson Law Firm has a qualified team and knows exactly what are my rights if a car accident leaves me with permanent scarring. We are here to help you seek in full the appropriate compensation for your permanent scars as a result of the accident.
At Tatum & Atkinson Law Firm, we represent clients throughout North Carolina with cases of disfigurement from operations, physical scarring, facial and body burns, and more. We offer free consultations, and we operate on a contingency fee basis, so you don’t pay us unless we are able to recover compensation for you.
Contact our office at (800) 529-0804 to receive a free consultation from our experienced personal injury lawyers.
Frequently Asked Questions!
Is a scar considered a permanent injury?
Scars are considered permanent injury when visible as a functionally limiting or emotionally damaging scar. They represent a permanent, irreversible change in the skin due to damaged skin tissue, therefore making them eligible for compensation in a North Carolina personal injury case.
Does too much collagen cause scarring?
Excessive collagen production during healing leads to raised or thickened scars (hypertrophic or keloid). These types of scarring represent more significant disfigurement and will be considered a more serious form of disfigurement when filing for a personal injury case in NC.
What not to tell your insurance company?
You should never admit fault, speculate about your injury, accept a quick settlement, or provide a recorded statement without speaking with an attorney first, because any casual statement can be used against you to reduce or deny your compensation claim.
What are my rights if a car accident leaves me with permanent scarring?
Seek compensation for other damages endured as a result of the accident, like medical expenses, lost wages, emotional distress, and disfigurement. You have three years after the accident to file a claim against the responsible driver, as provided for by North Carolina law.
What’s the most a lawyer can take from a settlement in North Carolina?
Most personal injury cases do not have a cap on the amount that can be charged by the attorney on a contingency basis. Contingent fees are generally between 33% and 40%, depending on complications and whether or not your case goes to trial.
