Being involved in an accident may mean you miss time at work, need your property replaced, have medical expenses, etc...These are some of the more obvious claims for compensation. The sometimes less obvious are the residual damage claims.
Catastrophic accidents cause serious damages, such as scarring and disfigurement. Each is a residual damage caused by the accident. Shattered glass, fire, surgeries needed to treat wounds, etc...can cause the damage. Scarring and disfigurement can cause pain, embarrassment, loss of mobility and more. Furthermore, this type of injury may impact the lifelong social/emotional abilities of the injured party.
It is of absolute importance, should you experience catastrophic injury, that you keep quality records. First, make sure you take video or pictures of the injured area. Second, make sure your doctor is keeping thorough records. The medical records should include whether the damage is permanent or residual, the scar/disfigurement impact on mobility, the location of the injury, etc...Finally, share with a medical professional if you are experiencing social/emotional impacts too. Reminder: Don't give recorded statements to the the insurance company or allow others (ex. hired experts or nurses not working for your treating physician) to attend your doctor's appointment(s).
What you are entitled to for the scarring or disfigurement is subjective. That is, when the scar/disfigurement is on a part of the body typically not hidden by clothing (ex. face, neck, hands, etc...) the jury may consider it more harmful. Further, the age and sex of the injured person oftentimes plays a role in compensation value. Your lawyer usually will research what similarly situated plaintiffs, in Kansas, have be awarded. In addition, a non-treating doctor and other experts may be required to provide opinion about future/ongoing costs and long term impacts.
It is very possible that the scarring/disfigurement was caused by the malpractice of a medical professional. This is something your personal injury lawyer will help you to determine, and should be considered.
Should you, or your loved one, be involved in a Kansas catastrophic accident and have scarring or disfigurement call Attorney T. Morton today at 913.602.7288 or complete this FORM.
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