Personal injury laws cover claims for damages arising from injuries sustained after an accident. Indiana laws on personal injury damages cover 3 types: lost wages, medical expenses, and pain and suffering.
Yes, under Indiana law, claims for damages for scarring falls under claims for pain and suffering. Accidents that cause severe injuries such as burns and other types of mechanical trauma can lead to scarring in the form of keloid, contracture, or hypertrophic scars. The effect of these scars varies from one victim to another. Indiana courts will determine how the scarring affects the life of the victim by looking at the nature of the trauma, the degree of scarring, and the quality of life after the accident, among other factors in coming up with the appropriate compensation.
Pain and Suffering Damages for Scarring or Disfigurement
Claims for damages caused by pain and suffering are often the most difficult to determine because there isn’t usually any invoice or bill for this kind of damage. They are also called non-economic damages because there is no formula to calculate the monetary equivalent of pain and suffering.
While Indiana laws do not provide a legal formula, courts will take into account such factors as type of injuries, the severity of the injuries, length of recovery time, how the injuries affect the life of the victim, and the degree of scarring or disfigurement that resulted from the injury. In cases like these, evidence such as medical records, photographs and videos, testimonies of psychological and mental health professionals, and even testimonies of family and friends can be useful in building a case for pain and suffering arising from scarring and disfigurement.
Why You Should File a Claim for Damages
Some people, especially insurance claims adjusters, may dismiss scarring as a simple vanity issue. However, for many victims, scars can serve as a painful reminder of the accident even though the visible injuries have long healed. Scarring can also result in psychological and emotional traumas especially if the scars are extensive enough to cause substantial disfigurement.
Scarring can cause anxiety, social withdrawal, and depression, affecting the victim’s ability to form personal and professional relationships. In some cases, it may even subject the victim to bullying. All these will be taken into account when looking at the degree of pain and suffering endured by the victim.
Indiana personal injury lawyers can help victims of physical trauma claim for damages from scarring. An experienced Indianapolis personal injury attorney knows how to use all the available evidence you have to create a strong case for damages so you can maximize the value of your claims. Talk to your lawyer today so you can start the process of getting the compensation you deserve.