What Happens If My Child Is Scarred In A Car Accident In Virginia?
Key Highlights:
A Guide From an Expert Virginia Child Injury Attorney!
Have you ever wondered what happens if my child is scarred in a car accident in Virginia? Your answer is put below in detail.
- If another person’s negligent driving caused your child’s injury (e.g., in an auto collision), then the child is entitled to recover for the resulting scarring.
- Facial scarring is given great weight and is important to a child’s appearance, their confidence level, their social skills, and their overall sense of well-being.
- If there are future medical procedures associated with the treatment of the scarring, those may be included in the settlement if they’re medically linked to the car accident.
- You can also seek damages related to the child’s emotional distress caused by the childhood injury, especially if there is proper documentation in support of it.
- Child injury settlements must be handled differently from adult injury claims, usually requiring the court to review and approve the settlement to protect the child’s best interests.
Your child may have a personal injury claim due to the physical and emotional harm that a car accident could cause him/her to suffer. A parent may also be entitled to compensation for any resulting injuries, such as medical expenses or other types of damages, depending on what happened to your child and how he/she experienced it.
Depending on the age and size of your child when the accident occurs, a scar may not simply be a cosmetic issue; it is also an emotional issue for both your child (if he/she is upset about the extent of their injury) and you as a parent due to the change in his/her normal way of life. For example, if your child has a scar on his/her face that is so severe that he/she doesn’t smile in pictures or does not attend school because of the questions from other children about what happened to him/her.
I’m Robert Tatum, an attorney at Tatum & Atkinson Law Firm. If your child suffered any injury as a result of an accident, please contact Tatum & Atkinson Law Firm for a free consultation to discuss your situation and what your options may be, including whether your child may have a claim against another party. There will be no attorney’s fee unless there is a successful recovery from another party (no win, no fee).
Can Permanent Scarring Affect a Child for Life?
Permanent scarring can be a lifelong issue for children. Children’s bodies, faces, and skin will continually alter as they grow. For instance, A scar that is noticeable to a child at the age of 7 may change significantly by age 16.
In addition, scars can stretch as children grow; however, some can become more contracted, raised, darker, or limited in the ability to function normally. These physical changes can cause emotional distress.
Often, the presence of a visible facial scar can lead to teasing from peers, staring, repetitive questioning, low self-image, anxiety, and isolation. Many children will use avoidance by withdrawing from sporting events, picture taking, swimming, school-related activities, and other social activities.
Many times, younger children will not have the words to express how they feel; however, their parents notice everything! One parent commented that the lack of physical pain to his child paled in comparison to feeling the emotional pain when he witnessed his child hiding behind his hair. That type of emotional pain is significant.
What Types of Car Accident Injuries Cause Lasting Scars?
In the context of a child scar injury car accident Virginia, there are many different kinds of injuries that can occur, and they can range from tiny scars to very large and hard-scarred injuries. While some injuries may heal quickly and leave only small scars, other, more serious injuries can have larger and permanent scars (and vice versa).
Common Reasons for Acquiring a Scar
Scar injuries such as:
- Broken glass lacerations
- Shattered dashboard
- Airbag burn
- Seatbelt mark
- Friction burn from scraping against pavement
- Post-operative fracture repair scar
- Post-burn scar
- Facial cut or puncture
- Crush injury
- Infection
are common reasons for acquiring a scar as a result of an automobile accident.
Types of Scars
- Hypertrophic scars are raised. They grow in size but are located within proximity to their original site.
- Keloid scars typically grow beyond their original size. Scars resulting from a contracture form; these scars tighten or restrict skin movement, particularly if the injury resulted from a burn.
- Atrophic scars are generally depressed or sunken in appearance.
- Surgical scars can be necessary to repair the injury, but they still cause damage.
The size of the scar is only part of the issue. The location is also very important. For example, a small scar on a child’s cheek, lip, eyelid, nose, forehead, neck, or hand can have a significantly greater effect on the child’s life than a longer scar hidden beneath clothing.
What Makes a Child Scarring Claim Different From an Adult Claim?
Because they require additional protection under the law, children’s claims differ from adults’ claims. This difference makes sense since children are unable to make the full evaluation for themselves of whether to accept a settlement, sign the rights to the claim away, or determine how the scarring will affect them in the future.
Child’s Claim
When handling a child injury settlement Virginia, the court normally reviews the terms of the settlement along with the relevant medical records, determines the anticipated cost of future medical care, and provides for the protection of the settlement funds. In some cases, the court may also consider whether the terms of the settlement are in the best interest of the child.
Adults Claim
Depending on the specific circumstances, parents may also have claims related to the claim made on behalf of the child. These may include claims for medical expenses by the parent or claims for other expenses incurred by the child and/or parent as a result of the child’s injury. Parents’ claims will typically be for their own injury, pain, emotionally based damages, and/or impairments to their future quality of life.
The distinction between the two claims can be important. The split can influence how the two claims will be developed, negotiated, and resolved.
Can My Child Recover Compensation for Future Medical Treatment?
Provided that the treatment of the wound is medically justified, the car accident scar compensation for children rule applies as well.
A child suffering from a scar may need and receive additional care after the crash. Doctors often choose to hold off on performing revision surgeries until the child is mature (adult) or his/her body has undergone all expected transformations (development) that will not occur again.
A plastic surgeon might discuss with a patient that as a child’s body ages, scars may appear different due to natural aging, skin tension, how much sun exposure they received, the speed of their healing, and the growth of their body.
Future treatment of a scar can include:
- Dermatological care
- Evaluation and treatment by a plastic surgeon
- Scar revision
- laser therapy
- Injections
- Pressure therapy (via elastic gauze)
- Silicone sheeting
- Prescription medication
- Physical therapy
- Occupational therapy
- Psychological counseling
- Follow up with the same specialists.
The claims process does not stop with one or two bills being submitted after an initial hospital visit. This is much too vague; rather, longevity of the disability is represented through all of the lost wages and benefits that will occur as a result of this disability over time.
Will Scar Revision or Cosmetic Surgery Be Covered?
In a claim for an injury sustained from a car accident, Scar revision surgery after car accident may be included as medically necessary so long as it was medically connected to the accident and has been documented as a medically necessary procedure by a physician or other licensed provider of health care services.
Insurance companies frequently will attempt to define scar revision surgery as cosmetic. The term “cosmetic” can be misrepresented; while scars will improve the appearance of the individual, there may also be a significant reduction in tightness, pain, itching, sensitivity, pulling, and the range of motion of the body.
When being considered for children, a child’s emotional state may also be improved as a result of the emotional distress that may occur from having a visible scar resulting from their injuries. A visible facial scar may influence a child’s self-image; this is not vanity but rather is simply what children do.
To be successful with a claim, it is necessary to present by way of medical records, reports, or letters the opinions of treaters, plastic surgeons, dermatologists, physical or occupational therapists, etc., that define the medical necessity and reasonableness of future care.
How Do Doctors Determine Whether a Scar Is Considered Permanent?
Typically, after a sufficient period of healing has passed, a doctor will assess permanency. When a scar is still fresh, it will often appear red, swollen, raised, and uneven (in comparison to your skin). However, as time progresses, some scars will heal while others will not.
In determining whether a scar is permanent, a physician will look at the following:
- The age
- Dimensions
- Color
- Texture
- Thickness
- Placement
- Pain level
- Sensitivity
- Mobility restriction
- Healing comparison,
- and the potential for future healing or improvement.
Many physicians will take photographs, measure, make notes on any changes, and offer recommendations for further treatment.
If the injured person is a child, the child’s growth is sometimes a consideration when determining the potential alteration of the permanent nature of the scar as the child continues to grow. Therefore, having the child evaluated and closely monitored on an ongoing basis is crucial.
You should wait until the full impact of the permanent scarring child accident claim relating to a permanent scar caused by an accident involving your child.
Can Facial Scars Increase the Value of an Injury Case?
Yes, a facial scar injury compensation Virginia claim can be worth a lot of money in Virginia because the facial area is so visible to everyone, is intrinsic to a person’s sense of self, and is very important to how a person is perceived by others.
A facial scar can have a negative impact on how a child feels when they are at school, at family events, when they take pictures, when they are dating, when going to a job interview, or interacting socially daily.
Also, facial scars may require more complicated treatment than an injury to a body part that is not as noticeable.
Factors affecting the value of a child’s facial scar injury are the child’s age, the location of the scar, the size of the scar (small to large), the color of the scar (same color-different color), the texture of the scar (flat to raised), if there is any distortion to the child’s face from the scar, whether any more medical treatment will be required in the future for the scar, and, perhaps most importantly, how the scar will affect the child emotionally.
Although people may not realize it, it is common for facial scars to have negative impacts.
How Is Emotional Trauma From Scarring Evaluated?
Emotional trauma in children will be assessed based on the child’s record of document of safety, behavioral changes, counseling notes, school observation, parent observation, and medical opinions.
Children may react to emotional trauma in different ways; e.g., becoming quiet, getting angry, not wanting to look in a mirror, refusing to ride in a vehicle, or continually asking, “Will it go away?”
Post-traumatic stress disorder (PTSD), anxiety, sleep disturbances, fear of driving, nightmares, avoidant behavior, feeling sad, and body image disturbance may all be relevant if connected to the accident and documented.
Counseling could assist the child with recovery and demonstrate the emotional component of their claim. Requesting assistance does not depict the Child’s claim as weak; it provides visibility into the needs of the child.
What Evidence Helps Prove a Child Scarring Claim?
Insurance firms seldom pay for scarring claims without some verification or facial recognition. They may determine that it is a minor scar, it will diminish with time, and the person will not need any future medical assistance for the scar. That is not your responsibility. You need to keep track of the different types of documentation.
Any item of evidence that can be used as evidence may include:
- Police report
- Crash photograph
- Emergency room record
- Wound care records
- Record of his/her stitches or surgical notes
- Plastic surgery evaluation
- Dermatomy records
- A series of photographs of a scar at different points in time
- School records
- Counseling records and witness statements,
- In addition to written testimony from multiple professionals regarding the degree of permanency associated with the scar or how much treatment he/she will receive in the future.
Photographs hold a significant amount of weight as an eyewitness. They should be taken in sufficient light. Photographs taken from as close to the same angle as possible should also provide evidence of the progression of a scar’s appearance over several days or months. Likewise, individuals may also find it useful to keep a diary tracking the progression of their scarring.
Can My Child Recover Damages for Scarring?
Can my child recover damages for scarring if he/she suffered from a Virginia car accident? Yes, if another person’s carelessness caused his/her injury.
A compensation claim may include compensation for all of the following items: medical expenses, future treatments, pain & suffering, emotional distress, permanent disfigurement, counseling services, and how the scar has an impact on your child’s daily life.
Your claim should be based on information relating to the child and not just the total of the medical bills.
How Do Insurance Companies Evaluate Permanent Disfigurement?
Insurers look at the scar and work to pay the least amount for the claim. They will look at the visibility and size of scars, medical and future treatment recommendations, photos of the scar, the child’s age, evidence of liability (who’s liable for the injury), insurance coverage limits of possible defendants, and whether the scar is permanent. As well as looking at the other cases to compare how much claims have been paid out, the comparisons can be of no value.
A child is not a chart.
When discussing a claim for a permanent disfigurement injury in Virginia, the context needs to be added. A scar located on a toddler’s forehead is not the same as a scar located on the shoulder of an adult, and a scar that is talked about by classmates is not just a visual indication of a medical problem, nor are there any past and future revisions of the scar considered “resolved” simply because the stitches were removed.
What Damages Can Parents Pursue on Behalf of Their Child?
Through proper legal channels, parents have the ability to pursue damages on behalf of their minor. Depending on the specifics of the case, this could include elements such as pain and suffering (both past and future), permanent disfigurement, psychological trauma (past and future), any future medical needs (including counseling), costs associated with repairing (or modifying) a visible scar, and the possibility of long-term effects that may go beyond simple physical injuries.
Parents may also have other claims, such as for medical, transportation, and treatment costs that were incurred before the injury to their child, depending upon what Virginia law allows regarding the same. Claims are structured differently based on the specific situation but are primarily determined by the age of the minor, whether insurance coverage exists, and how the claim will eventually be resolved.
In summary, you can think of the following when discussing damages for a minor.
Type of Loss |
What It May Include |
| Medical care | Emergency treatment, stitches, surgery, follow-up visits, and medication |
| Future care | Scar revision, laser therapy, plastic surgery review, dermatology care |
| Emotional harm | Anxiety, fear, body image distress, and post-traumatic stress symptoms |
| Daily life impact | Avoiding school events, sports, photos, swimming, or social activities |
| Permanent disfigurement | Visible scarring, facial changes, texture, or color changes |
| Parent-related costs | Medical bills, travel costs, and time missed from work, depending on the facts |
What If the Scar Came From Airbags, Glass, Burns, or Surgery?
Understanding the cause of the scar will be helpful in describing how forceful and what type of crash it was.
While airbags can protect a person’s life, they can also leave burns, abrasions, or other types of injury to the face. Broken glass can result in jagged lacerations. Seat belts can cause markings on a person’s body as they slip through the webbing on their body. Children are at risk of sustaining serious injuries if they are thrown against the interior of a vehicle. Surgery could leave scars if the child breaks his/her arms or has an internal injury.
In some instances, the scar represents only a small part of a much larger pattern of injuries. A child with a facial scar may have a concussion or have sustained damage to his/her teeth, eyes, or jaws, or experience long-term emotional trauma from the accident.
Don’t let an insurance company represent a scar without sharing the full story of what happened during the accident that caused it!
How Long Do Parents Have to Bring a Child Injury Claim in Virginia?
When it comes to personal injury lawsuits, determining deadlines can be challenging for families when a child sustains an injury. Most personal injury cases brought by adults in Virginia are subject to a two-year statute of limitations. Virginia law can pause the statutes for certain claims made by a minor who is considered to have a legal disability; however, parents may have their own claims, which may have a different statute of limitations.
Delaying action on your child’s injury claim could mean being unable to prove or show what actually happened in your child’s accident. Evidence can become hard to obtain, photographs can be lost, doctors can move, witnesses can forget what happened, and insurance companies can use delays against families.
A Virginia child accident attorney can help ensure timely filing of applicable timelines for both your child’s claim and any claims filed by the child’s parent.
Why Virginia Experience Can Matter?
Because many families live close to the Virginia radius and because families may be injured in accidents in either state while traveling to/from Virginia, questions about where the injury occurred, how to identify a responsible driver, and how to obtain insurance coverage for medical bills, etc., can be complicated.
Legal experience across Virginia can significantly assist your family with the questions mentioned above. Choosing the correct jurisdiction to prosecute your claim, obtaining the correct insurance coverage (if available), obtaining healthcare for your injured child, and participating in any required court processes will be part of evaluating your case. You do not need to determine which law will apply to you. When you contact our offices, we will do that evaluation for you.
Should You Hire a Child Injury Lawyer After a Scarring Accident?
If your child has a visible scar, a facial injury or burn, an emotional or psychological injury, or if they will need surgery in the future, you should consider contacting a child injury lawyer Virginia that you can trust.
A child injury attorney Virginia families can trust will help you collect medical records, track how the scar develops, communicate with insurance companies about their obligations, evaluate whether you are being offered appropriate settlements, and help you ensure that your child’s best interests will be protected for the long term.
When talking to your child’s injury attorney, do not make the case larger than it is. It is to ensure that the case is not handled as if it were smaller than it is. The degree of this difference between the cases has meaning.
Talk With Tatum & Atkinson Law Firm About Your Child’s Virginia Car Accident Scarring Claim
If your child has suffered injuries to their body from an car accident in Virginia, Tatum & Atkinson Law Firm will investigate the specifics of the accident to determine whether or not you have a valid claim; and provide you with a concise description of how to proceed regarding the claim, including what types of compensation related to medical treatment, future medical treatment, emotional trauma and permanent disfigurement are available.
We operate on a contingency basis – no fees are due unless you receive a recovery in your case. Your family can expect clear explanations throughout the entire process with no pressure to file suit. Call us at (800) 529-0804 to schedule your free consultation today.
FAQs: Child Disfigurement Lawsuit Virginia!
What is level 1 child neglect in Virginia?
In Virginia, there are multiple levels of neglect when it comes to children, with level 1 as the most serious finding of neglect based upon evidence from an investigation that determined a child was likely to have experienced or be at risk of experiencing severe bodily harm, death, disfigurement, impairment of a bodily function, or medical neglect.
What are the 7 major traumas?
In car accident claims that involve traumatic injury, there are seven principal categories of trauma: head/brain, upper neck/back, thoracic/chest, abdominal/pelvic, extremities, and soft tissue/burns.
What does PTSD feel like after a car accident?
When a child develops post-traumatic stress disorder (PTSD) as a result of experiencing an automobile collision, they may present with feelings of excessive and persistent fear, frequent night terrors, excessive fear of being inside a vehicle (e.g., panic attacks), sleep disturbances, crying, exhibiting rage or extreme emotional outbursts, exhibiting avoidance behavior, or replaying/reliving the details of the collision without relief.
What is considered an unfit home for a child?
In Virginia, an unfit home would include several factors that threaten a child’s right to a safe home; these factors include abuse, neglect, unsafe living arrangements, substance abuse, domestic violence, abandonment, failing to provide medical care, or psychiatric care required for a child.
Can psychological counseling costs be included in a child scarring claim?
Under Virginia law, it is possible to recover the cost of counseling through insurance or other means when and if there is proper documentation demonstrating that counseling services were necessary to treat the effects of trauma from a car accident.
