Is Permanent Scarring a Consideration in a Car Accident Settlement?

February 6, 2024

Car accidents can be life-altering events, leaving victims with not only emotional scars but also physically permanent scarring.  Like many states, Delaware allows car accident settlements to include compensation for permanent scarring.  If you have been in a car accident and suffered severe injuries like permanent scarring, it is important to understand what your options are when seeking compensation for your damages.

Permanent scarring is more than just a cosmetic injury; it can significantly impact a person’s life and well-being.  It can adversely affect a person’s self-esteem, mental health, and overall quality of life.  Scarring can be painful, limiting mobility if formed on joints and causing prolonged nerve damage and decreased sensations.  Because of this, Delaware, like many other states, recognizes the importance of including permanent scarring in car accidents and injury settlements.

Car Accident Settlements in Delaware

Delaware’s personal injury protection (PIP) law makes it easy for those injured in a car accident by allowing victims to file a claim for medical bills under their car insurance policy, regardless of who is at fault for the accident.  However, there is a limit to PIP coverage.

Determining Compensation for Permanent Scarring

To understand how compensation for permanent scarring is determined, it is essential to recognize the various factors that come into play:

• Severity: The severity of the scar(s) is a primary consideration. Delaware courts may assess the size, location, and disfigurement caused by the scarring to determine its impact on the individual’s life.
• Medical documentation: Accurate and detailed medical documentation is crucial. Medical reports and expert testimony can help establish the extent of the scarring and its effect on the victim’s physical and mental well-being.
• Emotional and psychological impact: Beyond physical pain, the emotional and psychological effects of permanent scarring are considered. This includes anxiety, depression, and self-esteem issues resulting from the scars.
• Treatment and rehabilitation: The cost of medical treatments, surgeries, and rehabilitation required to minimize the scarring’s impact is also factored into the settlement.
• Future implications: Permanent scarring can have long-term consequences. Delaware law considers the ongoing effects of scarring, including potential future surgeries or treatments.
• Age and gender: The age and gender of the victim may influence the compensation amount. Younger individuals, particularly women, may receive higher settlements due to the perceived impact of scarring on their future.
• Liability and negligence: Establishing liability and proving the other party’s negligence in the accident is crucial in determining compensation. If the other driver was clearly at fault, it can bolster your case.

In Delaware, car accident settlements often involve negotiations between the victim’s legal representation and the at-fault party’s insurance company. When permanent scarring is involved, these negotiations can be complex. Insurance adjusters may attempt to downplay the significance of the scarring, so having a skilled attorney is crucial.

It is essential to consult with a lawyer to navigate these negotiations successfully. Your lawyer will help you gather evidence, build a strong case, and negotiate on your behalf to secure a fair settlement that considers all relevant factors.

Our Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Advocate for Injured Accident Victims Suffering From Permanent Scarring

Like other serious injuries, permanent scarring can be part of a car accident settlement.  Our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. are here to help.  Call us today at 302-656-5445 or fill out our online form for a free consultation.  Located in Wilmington and Millsboro, Delaware, we proudly serve clients in Dover, New Castle County, and Sussex County.