Injuries from a car accident can be serious and even permanent. Some injuries can be visible while others are not. For those injuries that are visible, the damage can be permanent and even disfiguring for the victim.
If your injuries following a car accident have caused scars or disfigurement, you may want to seek cosmetic surgery to help fix the damages. Can these treatments be included in a personal injury claim?
We have asked an attorney, Alaina Sullivan, about how and when you would be able to claim cosmetic surgery in a personal injury case. Here's her explanation:
Injuries Resulting in Scars or Disfigurement
Permanent residual injuries from car accidents often result in serious scarring. These scars can come from the actual injury itself or from medical repairs following the accident. Depending on where the scars are, these injuries can be embarrassing to those living with them, and they can also disfigure.
If scar tissue is at any joint or other part of the body where muscles flex, the damage could involve loss of mobility, as well.
The Argument against Cosmetic Surgery Damages
Medical expenses are considered a given when it comes to accident damages. You can easily receive compensation for a broken bone, medical treatment needed for cuts and bruises or even physical therapy for muscle damage.
However, if cosmetic surgery is suggested, suddenly the other side may say that your treatment is not required. Cosmetic surgery brings up images of procedures that are not needed, such as a nose job to make your nose look more appealing.
Many medical insurance providers will barely cover a cosmetic procedure. However, when it comes to an injury that has caused permanent and obvious scarring, to that person, the procedure is more than necessary. It is a matter of quality of life.
Determining Damages
The amount can vary on how much you request for scarring or disfigurement. Many factors are taken into consideration. If the scars are covered and not visible to others, it may not be considered as serious as scars that are on a face. If a scar is on a face or neck, the amount of damages increases. Further, age and sex of the victim also are considered when it comes to scars that are visible.
While it may seem sexist, if a young woman has a scar on her face, the psychological damages associated with this injury can be considered pretty high in comparison to a male victim or an older victim. Many of the arguments made when it comes to psychological damages related to scars or visible injuries that require cosmetic surgery are purely subjective.
It is up to the attorney to provide the right arguments to prove the necessity for the cosmetic procedure.
Gathering Medical Information
In addition to proving the subjective elements showing that the procedure is necessary, your attorney will also need to show how much the procedure will cost and what will be needed.
You will need a referral from your physician to a plastic surgery for an opinion on whether the scar can be treated or removed, how much it will cost to do this, and whether only one procedure will be needed or if it will require multiple procedures.
A letter from a cosmetic surgeon can be included with your demand letter submitted to the insurance company, or, if your case is going to court, the plastic surgeon can give his or her testimony as an expert witness regarding the procedure, why it is needed, and what it will cost.
Arguing Your Case for Cosmetic Surgery
The injury for which you are seeking cosmetic surgery will need to be associated with the car accident itself. You will want to be sure that the cosmetic surgeon is giving his or her opinion solely on that aspect of the injury.
He or she may need to explain how not having the procedure could make the injury more severe, specifically if the scarring is not visible. For instance, if you have scarring around your joints, this scarring may not be visible, but it also may make your mobility extremely limited if it remains untreated. The doctor will be able to help support your case in that respect.
Contact an Attorney Today
If you have been in a car accident and would like to include cosmetic surgery costs in your claim, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
