Disfigurement Injuries
A serious accident can leave injuries that remain visible long after broken bones, wounds, and other physical trauma have healed. Permanent scars, burns, facial injuries, amputations, and other forms of disfigurement can affect not only a person's appearance but also their physical abilities, emotional well-being, career, relationships, and overall quality of life.
Disfigurement can result from motor vehicle accidents, burns, workplace incidents, defective products, dog attacks, medical malpractice, and many other types of traumatic events. Some injuries can be improved through reconstructive surgery and other treatment, while others leave permanent changes that an injured person must live with for the rest of their life.
When permanent scarring or disfigurement results from another party's negligence, the injured person may be entitled to pursue compensation for the full impact of the injury.
At The Law Office of Todd I. Siegel, we represent seriously injured individuals and families throughout New Jersey and help clients pursue compensation when another party's negligence causes permanent harm.
What Is Considered Disfigurement?
Disfigurement generally refers to a lasting alteration of a person's physical appearance resulting from an injury. It can involve any part of the body, although injuries involving the face, head, neck, hands, and other highly visible areas can have a particularly significant impact.
Examples of disfigurement may include:
Permanent scars
Severe burn scars
Facial injuries
Amputation or loss of a body part
Loss of an eye
Permanent skin discoloration
Significant surgical scarring
Nerve damage affecting facial appearance
Crush injuries
Deformities caused by improperly healed fractures
Permanent changes caused by traumatic wounds
The seriousness of disfigurement is not determined solely by the size of a scar or injury. Its location, visibility, coloration, shape, permanence, effect on physical function, and overall impact on the individual's appearance may all be relevant.
In New Jersey automobile cases involving the limitation-on-lawsuit threshold, courts consider factors including the appearance, coloration, size, shape, surrounding skin, healing process, and other cosmetically significant characteristics when evaluating whether scarring or disfigurement is sufficiently significant.
Common Causes of Disfigurement
Permanent disfigurement can result from many different types of accidents and injuries.
Common causes include:
Car accidents
Truck accidents
Motorcycle accidents
Pedestrian and bicycle accidents
Fires and explosions
Severe burns
Construction accidents
Workplace accidents
Defective products
Dog bites and animal attacks
Slip and fall accidents
Medical malpractice
Surgical errors
Chemical exposure
Electrical injuries
Serious cuts and lacerations
Crush injuries
Determining what caused the injury and whether another party was responsible is an important part of evaluating a potential personal injury claim.
Scarring and Disfigurement After a Motor Vehicle Accident
Car, truck, and motorcycle accidents can cause significant injuries to the face and body. Broken glass, contact with the dashboard or windshield, road rash, burns, fractures, and surgical procedures required to treat accident-related injuries can all result in permanent scarring or changes in appearance.
New Jersey law specifically recognizes significant disfigurement or significant scarring as one of the categories of injury relevant to the state's limitation-on-lawsuit threshold for certain automobile accident claims.
Whether a particular scar or disfigurement satisfies that legal standard depends on the individual circumstances. The New Jersey Supreme Court has explained that the analysis is objective and considers whether the injury substantially detracts from the person's appearance.
Because New Jersey automobile insurance laws can affect a person's ability to recover certain damages, individuals with permanent scarring or disfigurement following a crash should have the circumstances of their particular case evaluated.
Burn Injuries and Permanent Scarring
Severe burns are a common cause of permanent disfigurement. Third-degree and other serious burns can destroy layers of skin and underlying tissue, potentially resulting in extensive scarring and changes to the appearance and function of the affected area.
Burn victims may require:
Skin grafts
Reconstructive surgery
Scar revision procedures
Physical therapy
Occupational therapy
Pain management
Treatment for infections
Additional surgeries
Psychological counseling
Even after extensive medical treatment, some burn victims are left with permanent scars, discoloration, contractures, or other visible changes.
When burns affect the face, hands, neck, or other prominent areas, the emotional and social consequences can be particularly significant.
Facial Disfigurement
Facial injuries can be especially devastating because they affect a person's most recognizable physical features.
Motor vehicle accidents, dog bites, burns, falls, defective products, and other traumatic incidents can cause facial fractures, lacerations, nerve damage, eye injuries, and permanent scarring.
Treatment may involve reconstructive or plastic surgery, dental procedures, skin grafting, scar revision, and other forms of medical care. Even with treatment, it may not be possible to completely restore a person's pre-accident appearance.
Facial disfigurement can also affect speech, vision, eating, facial movement, and other functions depending on the nature of the injury.
Amputations and Loss of Limbs
The loss of a hand, arm, leg, finger, toe, or other body part is a severe form of permanent disfigurement and can also cause substantial functional limitations.
Amputations may occur during an accident or become medically necessary because an injured body part cannot be saved.
An individual who suffers an amputation may require prosthetics, rehabilitation, additional surgeries, modifications to their home or vehicle, and assistance adjusting to daily activities.
The consequences may extend to the person's ability to work, participate in recreational activities, and live independently.
The Emotional Impact of Disfigurement
The effects of permanent disfigurement are not limited to physical appearance.
A person who experiences a significant change in appearance may also face emotional and psychological challenges. These effects can vary considerably from one person to another and may be particularly significant when the injury involves a highly visible part of the body.
Potential consequences can include:
Emotional distress
Anxiety
Depression
Reduced self-confidence
Social withdrawal
Difficulty adjusting to changes in appearance
Problems with personal relationships
Reduced enjoyment of activities
Concerns about employment or professional interactions
These consequences can be an important part of understanding the overall impact of a serious disfiguring injury.
Treatment for Scarring and Disfigurement
Treatment depends on the type and severity of the injury. Some individuals may undergo multiple procedures over several years in an effort to improve appearance, restore function, or reduce discomfort.
Treatment may include:
Reconstructive surgery
Plastic surgery
Skin grafting
Scar revision surgery
Laser treatments
Physical and occupational therapy
Prosthetic devices
Pain management
Psychological counseling
Additional corrective procedures
Future treatment costs should be considered when evaluating a claim involving permanent disfigurement, particularly when doctors anticipate additional surgeries or ongoing medical care.
Proving a Disfigurement Injury
Documenting a permanent injury can be especially important in a disfigurement case.
Evidence may include:
Photographs taken immediately after the accident
Photographs documenting the healing process
Current photographs of scars or disfigurement
Medical records
Surgical records
Evaluations from plastic or reconstructive surgeons
Testimony regarding future treatment
Evidence showing how the injury affects employment or daily life
Photographic evidence can be particularly important in claims involving scarring. New Jersey courts have specifically recognized the importance of an accurate photographic record when evaluating significant scarring or disfigurement under the automobile limitation-on-lawsuit standard.
Compensation for Permanent Disfigurement
When another party's negligence causes permanent disfigurement, compensation may be available for both the financial and non-financial consequences of the injury.
Depending on the circumstances, damages may include:
Past and future medical expenses
Reconstructive and plastic surgery
Rehabilitation and therapy
Lost wages
Reduced future earning capacity
Pain and suffering
Emotional distress
Permanent scarring and disfigurement
Loss of enjoyment of life
Long-term medical needs
Other damages available under New Jersey law
New Jersey law recognizes disfigurement among forms of non-economic harm in certain legal contexts.
The amount of compensation available depends on the individual circumstances, including the severity and permanence of the injury, its location and visibility, the person's medical needs, and the impact the injury has on their life.
Who Can Be Held Responsible for a Disfiguring Injury?
The potentially responsible party depends on how the injury occurred.
Depending on the circumstances, liability may involve:
Negligent drivers
Property owners
Businesses
Employers or third parties at a workplace
Construction contractors
Product manufacturers
Healthcare professionals
Hospitals and medical facilities
Dog owners
Other individuals or entities whose negligence contributed to the injury
Some accidents involve multiple responsible parties. A thorough investigation can help identify how the accident occurred and determine which parties may be legally responsible.
Contact a New Jersey Disfigurement Injury Lawyer
Permanent scarring or disfigurement can serve as a lifelong reminder of a serious accident. Beyond the physical injury itself, victims may face additional surgeries, substantial medical expenses, emotional difficulties, limitations at work, and changes to their everyday lives.
For more than 30 years, The Law Office of Todd I. Siegel has represented injured individuals and families throughout New Jersey. Our firm works to understand the complete impact of a serious injury and pursue the compensation available when another party's negligence causes permanent harm.
If you or a loved one suffered permanent scarring or disfigurement because of another party's negligence, contact The Law Office of Todd I. Siegel to discuss your case and learn more about your legal options.