Can You Sue for Scarring & Disfigurement in Massachusetts?

Disfiguring injuries like limb loss and permanent scarring are some of the most distressing and expensive injuries victims sustain because of negligence, warranting compensation.

After suffering disfiguring injuries or scarring from burns, victims may file lawsuits against liable parties. These injuries are most common in car accidents, so you may have to show you pass the serious injury threshold to get compensation for all damages, which our lawyers can achieve through your medical records. Filing a lawsuit soon after an accident is important for your recovery. If more than three years have passed since the accident, you can no longer pursue compensation. Before filing your lawsuit, our lawyers can assess your damages to estimate your potential recovery. Scarring and disfiguring injuries typically come with expensive medical damages, not to mention emotional distress, which is also compensable in Massachusetts injury claims.

For a free case review from our Massachusetts personal injury lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.

Who Can Sue for Scarring and Disfigurement in Massachusetts?

If you sustained permanent scarring or disfiguring injuries because of negligence in Massachusetts, our lawyers can help you pursue compensatory damages in a lawsuit against the liable party.

Victims can most likely sue for scarring or disfigurement, regardless of the type of accident they were injured in. Though Massachusetts has a serious injury threshold for auto accidents, scarring, and disfiguring injuries typically qualify victims to sue. Under Gen. Laws Ch. 231, § 6D, victims may only file lawsuits for all compensable damages after incurring more than $2,000 in medical expenses or sustaining a serious injury. Permanent and serious disfigurement is classified as serious injuries in Massachusetts, and burn injuries that lead to scarring may cost much more than $2,000 to treat.

Auto accidents are a top cause of disfiguring injuries, as victims must suffer limb loss, extensive burns, and traumatic facial injuries. Disfiguring injuries are often permanent, even after considerable reconstructive surgery or other treatments, leading to life-long pain and suffering for victims. The emotional distress of disfiguring injuries or permanent scarring is reason enough to sue a negligent party, let alone the sheer economic cost of medical treatment.

Though car crashes are a common reason for these life-altering injuries, victims could suffer similar harm in other accidents, like falling accidents or explosions on work sites, and our lawyers can help these victims seek compensatory damages as well. To file a lawsuit after a construction site accident, our lawyers must confirm if a third party was negligent other than the victim’s employer since Workers’ Compensation is the exclusive remedy for workplace accidents in Massachusetts.

Can You Sue for Scarring and Disfigurement in Massachusetts Indefinitely?

There is a time limit on suing for scarring and disfigurement or other personal injuries due to negligence in Massachusetts. While there is a general statute of limitations, there are exceptions to the rule, and our attorneys can confirm which deadline applies to your specific case.

Mass. Gen. Laws Ch. 260, § 2A sets the statute of limitations for personal injury claims at three years. The date of accrual is typically the date of injury, though not always. For example, if the victim is a minor when injured, the accrual date will be when they turn 18, giving them until age 21 to sue.

Because disfiguring injuries are typically immediately apparent, victims may not get tolling for delayed discovery in these cases. Assume you will only have three years from the accident’s date to sue, so there is no chance of you missing the filing deadline. This would bar you from recovering any compensation from a liable party, which is not an option for victims after sustaining debilitating and expensive injuries.

What Damages Can You Get When Suing for Scarring and Disfigurement in Massachusetts?

Scarring and disfigurement are serious injuries that are not only painful and expensive to treat but are also especially emotionally distressing. The exceptional pain and suffering associated with these injuries are also compensable, just as their economic damages are.

Economic Damages

Burn injuries, limb loss, and disfiguring facial injuries require immediate trauma care from emergency room doctors. Victims might be rushed into surgery and have to remain in the hospital for days or weeks after an accident. Additional surgeries may be necessary, as well as physical therapy, depending on the victim’s injuries. All these treatments add up, and our Cambridge, MA personal injury lawyers can carefully track their costs to request compensation for them in your lawsuit.

After suffering disfiguring injuries, you might be unable to return to work at the same earning capacity or at all. While your physical injuries might limit you, so might the emotional toll of the accident, especially if you have been diagnosed with depression or post-traumatic stress disorder, which is common for victims with such injuries.

Future economic damages are also compensable, and our lawyers can use your hospital records and statements from treating physicians to support requests for future medical expenses and lost wages.

Non-Economic Damages

Though the financial cost of disfiguring injuries and scarring is extreme, so are the emotional consequences. Losing a limb or suffering traumatic facial injuries could affect a victim’s quality of life, preventing them from engaging in activities they once enjoyed or daily tasks. When these lawsuits go to court, juries may be sympathetic to victims’ situations, especially after seeing their medical records and hearing personal testimony. Though non-economic damages in medical malpractice claims are capped at $500,000 in Massachusetts other than for exceptional cases like substantial disfigurement, compensation for pain and suffering is unlimited in other personal injury claims. Juries can award non-economic damages after deciding a defendant’s negligence, or our lawyers can negotiate for non-economic damages to be part of an out-of-court settlement, compensating you for your considerable pain and suffering from scarring or disfigurement.

Call Our Injury Attorneys in Massachusetts for Help with Your Case

For a free case assessment from the Law Office of John J. Sheehan, call our Lowell, MA personal injury lawyers at (617) 925-6407.