How much should you expect in a scarring claim in New Bedford MA? It depends on the nature and the type of claim. Like all other types of personal injuries, you can’t really put a dollar value or predict how much your scarring claim settlement will be. We can, however, tell you that the biggest factors that will affect how much you receive in compensation are the extent to which the person responsible for your accident can pay a settlement, the extent of your injuries and the intentions of the person who inflicted the injury on you.
So we’ll discuss what is typically considered when calculating the value of a scarring claim.
How to Calculate a Scarring Claim in New Bedford MA
How and Where the Accident Happened
Where and how the accident happened is important because it will determine the degree to which the defendant was liable for your injuries. In other words, we will be trying to analyze how bad the situation looks because it can affect how much the jury will be willing to award you should you take your case to trial.
Injuries that result in scars can happen in so many ways including faulty consumer products, work place injuries, car accidents, motorcycle accidents, slips and falls, etc.
So let’s say your scars were caused by an accident that may or may not have been preventable at your work place, the perceived value of your scarring claim will be much lower than if it was caused by your supervisor’s failure to follow safety regulations.
If the person responsible for your injuries acted negligently, you may be entitled to punitive damages. Punitive damages are a form of punishment for the defendant and the wealthier they are, the more they will have to pay.
Punitive damages are, however, hard to predict but if there’s evidence that the defendant intentionally caused you harm, the threat of punitive damages will typically make them more likely to settle your scarring claim at a higher amount.
Physical and Emotional Suffering
Developing permanent scars from an accident that wasn’t your fault can be emotionally painful because you will have to live with the scars for the rest of your life. Not only will the defendant pay you for the physical pain you’ve had to endure but they will also be forced to compensate you for your emotional pain.
The extent of your emotional pain will be measured by looking at the extent to which your scars have disfigured you and where your scars are located. For instance, you are likely to receive more compensation if your scars are on your face than if they are on your hands or legs.
What if I Was Injured at Work?
If you got injured while working, you might be entitled to workers’ compensation but if there is evidence that your employer was negligent in their duties and that’s why the accident occurred, you might be entitled to file a civil lawsuit.
The award in workers compensation claims are not as high as that of a traditional civil lawsuit. The standards of compensation vary from one state to another. Unfortunately, workers’ compensation laws are very complex and you need to hire a workers’ compensation lawyer to help you.
Find out more about workers’ compensation and filing a lawsuit.
Make Sure Your Scars are documented
Scaring is typically referred to as residual injuries so your claim for damages should indicate your injuries are permanent and deserve higher compensation. In order to ensure that your claims are supported, you need to get your doctor to document your injuries by simply asking them to.
In your last stage of recovery, ask your doctor if there is a likelihood that you may develop problems because of your residual injuries. If there is a likelihood, ask them to note it in your medical records.
Even if your doctor does not indicate it in your medical records, you are still permitted to raise the issue in your settlement negotiations.
If you want to find out more information about the value of your scarring claim in New Bedford MA, you can speak to one of our scarring claims experts at Kevin P Landry law offices by calling 508-999-0800, filling out our contact form or physically visiting our offices for a free initial consultation. If you can’t make it to our offices, we can always come to wherever you feel comfortable. We don’t let our clients down.