Sustaining injuries in an accident can be a devastating experience, especially when the damages result in permanent scars and disfigurements. However, if your injuries were caused by someone else’s negligence, you may be eligible to receive compensation for the damages, including the physical scars and emotional distress.
In Oregon, the law allows accident victims to recover damages for any losses they incurred as a result of the defendant’s negligent actions. This means that your personal injury claim can include compensation for scars and disfigurements caused by the accident. This article outlines what you need to know about seeking compensation for scarring or disfigurement in Oregon personal injury cases.
Table of Contents
Understanding Scarring and Disfigurement
Before diving into the specifics of compensation for scars, it is essential to understand what constitutes scarring or disfigurement. Scars are visible signs of skin damage that can be permanent and can remain for a lifetime. Disfigurement, on the other hand, is any alteration in your physical appearance that can’t be fixed through medical intervention. These can include amputations, burns, and severe lacerations.
In personal injury cases, scars and disfigurements are treated as separate damages from other injuries resulting from the accident. This means that you can still claim compensation for scars and disfigurements, even if you are compensated for other damages such as medical expenses and lost wages.
Types of Damages
In Oregon, personal injury damages can be categorized into two broad categories: economic and non-economic.
Economic damages
Economic damages are losses arising from measurable economic losses and expenses incurred due to the accident. They include expenses such as:
- Medical bills
- Lost wages or income
- Property damage
- Transportation expenses
- Any other out-of-pocket expenses related to the injury
Non-economic damages
Non-economic damages, on the other hand, are non-monetary losses arising from the personal injury. These damages include:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Scarring and disfigurement
Limitations on Damages
While it is possible to receive compensation for scars and disfigurements in Oregon personal injury cases, there are some limitations. In Oregon, the amount of compensation you are entitled to receive for scars and disfigurements is limited to the extent that the physical condition "results in an extreme change in appearance."
This means that the court will consider factors such as the location, size, and color of the scars, as well as the impact on your daily life. For instance, the court may award a higher compensation if the scars or disfigurements are located on the face, neck, or hands and the injury impacts your ability to perform daily tasks.
Statute of Limitations
As with any other personal injury case in Oregon, there is a statute of limitations for filing a claim for scars and disfigurements. Oregon Revised Statutes section 12.110 requires that any personal injury claim must be filed within two years from the date of the accident or injury.
Consulting an Attorney
If you have suffered scarring or disfigurement in an accident caused by someone else’s negligence, it is advisable to consult a personal injury attorney. An experienced attorney can help you understand the legal process and help you seek the compensation you deserve.
Your attorney can help you file a legal claim and negotiate with the defendant or their insurance company. A successful claim can result in compensation for economic and non-economic damages, including compensation for scars and disfigurements caused by the accident.
In conclusion, scars and disfigurements can have a significant impact on your physical and emotional wellbeing. Seeking compensation for such injuries may not erase the pain resulting from the accident, but it can help ease the financial burden associated with the injuries. With the help of an experienced personal injury attorney, you stand a better chance of getting the compensation you deserve.