Disfiguring Injuries

Some injuries never fully heal.

Although you cannot go back and change the outcome of an accident, you do not have to bear the burden of recovery alone. If you have suffered scarring, burns, or other disfiguring injuries in a Buffalo, New York, accident, our experienced team of personal injury lawyers could help you obtain the compensation you need to reclaim your independence and begin rebuilding your life.

Here is what you need to know about disfiguring injuries in New York state:

The Legal Definition of a Disfiguring Injury

Anyone who has suffered a serious injury as a result of a car crash, motorcycle collision, or slip-and-fall accident as a result of another person’s negligence could be entitled to compensation through a personal injury lawsuit. Your lawsuit does not need to request specific damages, but New York’s county-level supreme courts only exercise jurisdiction over claims seeking $25,000 or more. Consequently, personal injury lawsuits tend to involve serious and potentially life-altering injuries.

However, New York law and legal precedent distinguish between a “serious injury” and a “disfiguring injury.” For example, in a car accident lawsuit, a serious injury could be defined as any of the following:

1. Fractured or broken bones;
2. The permanent loss of a body organ, member, or function;
3. The permanent limitation of use of a body function or system;
4. A non-permanent injury that prevents you from engaging in your usual day-to-day activities for 90 or more days; and
5. Significant disfigurement.

In the context of a car crash claim, a disfiguring injury can be categorized as a serious injury. Still, not all serious injuries are necessarily disfiguring, especially if their effects are invisible.

New York’s legal code does not clearly define what constitutes significant disfigurement, but court rulings provide some clarity. As a general rule, courts will consider an injury disfiguring if a reasonable person viewing the plaintiff’s body “in its altered state … as unattractive, objectionable, or as the object of pity or scorn.” This definition typically includes, but is not limited to, the following:

1. The loss of any limb, such as an arm or a leg;
2. The loss of any digit, such as a finger or toe;
3. The loss of an eye or ear;
4. Extensive burns; and
5. Extensive scarring.

The above list is not exhaustive. The “question of whether a [victim] has suffered a serious injury is usually for the jury,” and therefore open to interpretation. Your characteristics, such as your gender or overall appearance, could impact your potential compensation.

Compensation for Disfiguring Injuries in New York

You do not have to take chances with your rights.

A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades helping New Yorkers assert their rights to a fair recovery. We could help you, too.

Although every case differs in its details, many accident victims who have sustained disfiguring injuries qualify for other types of relief. This often includes the following types of damages:

1. Your medical bills;
2. Your anticipated long-term care needs;
3. Loss of income;
4. Diminished earning capacity; and
5. Loss of enjoyment.

New York does not cap damages in most disfiguring injury lawsuits, but it does have a strict statute of limitations. If you wait too long to take action, the statute of limitations could lapse; if it does, you may never get your day in court. Do not delay: call the Dietrich Law Firm P.C. today to schedule your 100% free, no-obligation consultation.