When you suffer a severe injury in a motor vehicle accident, a slip or fall accident, or in other circumstances, it can have a profound physical and emotional impact on your life. Physical pain, psychological trauma, lost wages, and medical expenses are some of the challenges you’ll face. However, if your injury causes disfigurement, it can complicate your personal injury claim.
What’s Disfigurement?
Disfigurement is a severe injury that deforms or alters a person’s physical appearance. Examples of such injuries include loss of limbs, scarring, burns, and other injuries that cause physical alterations. In addition, these injuries can cause secondary emotional and psychological effects. These psychological effects include stress, anxiety, depression, or PTSD.
Types of Physical Disfigurement
Disfigurement takes different forms in personal injury lawsuits. Here are the common injuries that can result from negligence and accidents.
Scarring
Cuts, burns, and other types of trauma can cause permanent scarring. Some scars can cause emotional pain and affect a person’s self-esteem. On the other hand, severe scars can cause nerve damage or limit mobility. They’re also a constant reminder of the traumatic event that caused your injuries.
Loss of Limbs
The loss of a limb in an accident is a traumatic experience. Its effect on your life ranges from physical and emotional injuries to financial losses. This permanent, serious disfigurement affects your ability to perform daily tasks.
Amputations often result from serious accidents or medical malpractice. Regardless of the cause, losing a limb significantly changes an individual’s physical appearance and life. The victim may have lifelong emotional distress and physical limitations.
Burns
Severe burns can cause scarring and physical disfigurement. The top causes of burns include chemicals, fire, and other types of trauma. Depending on the nature of the burns, victims usually suffer significant pain and require several surgeries. Burns also have an emotional impact, especially on the victim’s self-esteem.
Dental Injuries
Disfigurements such as loss of teeth can affect your ability to speak, eat, or freely interact with others. Dental injuries often result from medical malpractice or accidents. You’ll likely need dentures, implants, or other extensive dental work to restore your dental function.
Facial Disfigurement
Trauma to your face can cause lacerations or fractures, leading to facial disfigurement. This can affect your self-image and ability to participate in social activities. Facial disfigurement can also cause physical difficulties, like the inability to speak or eat.
Proving Disfigurement in a Personal Injury Claim
Unlike other injuries, disfigurement isn’t always apparent after an accident. Your scars will take time to heal, and you (the plaintiff) may require multiple reconstructive surgeries. As such, you must document your disfigurement right from the time you suffer an injury to ensure a detailed record of the progression of your injuries.
One way of documenting disfigurement is to photograph your injuries immediately after the accident. Your medical records will also provide a baseline for your injuries and help your lawyer establish your disfigurement.
Another significant aspect of proving disfigurement is a medical testimony from your physician. A surgeon can offer expert testimony regarding the nature and extent of your injuries, potential for improvement, and the risk of permanent scarring or other forms of disfigurement. Remember, personal injury claims involving disfigurement are complex, which is why you need a skilled lawyer on your side.
Damages for Disfigurement in Personal Injury Claims
Ontario’s legal system recognizes the difficulties that victims of disfigurement experience. Thus, you ( a victim of disfigurement) can pursue compensation (pecuniary and non-pecuniary) for the physical and emotional toll of the specific injuries you suffered.
Pecuniary damages cover all quantifiable financial losses like medical expenses, lost income, rehabilitation costs, and more. For instance, some accident victims may require extensive cosmetic surgery to address facial disfigurement. If the disfigurement affects your ability to work, your compensation must include disfigurement damages for reduced earning potential.
Non-pecuniary damages offer financial compensation for the psychological impact, loss of enjoyment of life, and the emotional effect on the victim’s life. To successfully file a personal injury claim in Toronto, you (motor vehicle accident victim) must meet the legal requirements for fair compensation. That means your injuries must have caused severe disfigurement or impairment of essential mental, physical, or psychological function.
What Determines the Value of a Disfigurement Claim?
The total value of your disfigurement claim in your personal injury case in Toronto will depend on the following factors.
- The severity of your disfigurement. For instance, a minor scar from a dog bite may not affect your quality of life the same way as a loss of limb.
- Location of your disfigurement
- The age of the individual filing the disfigurement claim
- The occupation of the claimant – if the plaintiff’s occupation requires physical interactions and appearance, a disfigurement could render them unable to perform their duties.
- The emotional distress of the plaintiff (or claimant)
- Your legal representation (lawyer) for your disfigurement claim
The Role of a Personal Injury Lawyer
Suppose you suffered disfigurement in a car accident or other event. In that case, you need the help of a dedicated legal team to gather evidence, determine the value of your disfigurement claim, and navigate the legal process of recovering damages.
Legal professionals work with medical professionals to understand the emotional and physical injuries you suffered. This is a significant factor in determining if your injuries meet the legal definition of a disfigurement claim. Whether you were involved in a vehicle accident or an animal attack, a disfigurement can have a significant effect on the quality of life.
Work closely with a reputable personal injury law firm to gather credible evidence and build a strong disfigurement claim. Remember, an experienced and dedicated lawyer is better positioned to help you get compensation.
