Damages for a Scar...

by Hayek
(Arizona, USA)

My wife suffered a fall due to a damaged landscape border at a resort. Their insurance company has investigated and asked for a settlement demand.

She suffered a broken elbow that required surgery with a plate and pins. This resulted in a very large and unsightly scar. She values her appearance and is quite upset about it.

How do we put a damage value on a scar? I read on the Internet a case of a facial scar that was calculated as $30 per day for the actuarial remaining life.

Other advice is a multiple of "special damages" which seems much too low. What should we ask for?

Visitor Question:
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ANSWER for "Damages for a Scar...":

Well, it is very difficult to put a value on a scar, however it has been done perhaps millions of times before so hopefully this provides guidance.

For one, a scar may be valued based upon pain that is often associated therewith. Scar tissue can be both unsightly but also painful which has a definite value.

Secondly, if we are talking mere aesthetics, the best thing to do is visit with one or more plastic surgeons for a free consultation. Find out the approximate cost of removing the scar and the associated healing time. From there, you actually have a dollar figure to present to an insurance adjuster.

Be mindful that it is speculative and "future" medical specials are frequently challenged, however if they are accepting liability and working with you, chances are they already know that a scar such as what you have described has definite value.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Comments for Damages for a Scar...

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Scar is not resolvable by plastic surgery
by: Hayek

Dear Law Guy;

Thanks for your comments. I know your advise to seek an attorney is good. I just like to have a better sense of what I'm looking at before making a decision. Otherwise, how does one know they are getting the highest quality advice?

Anyway, the scar is on her elbow extending about 8 inches. In this location, it is not fully resolvable by plastic surgery, otherwise the cost to resolve is pretty straight forward. (FYI: My wife is a physician-surgeon.)

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