Can Severe Scarring Increase Non Economic Damages?
The short answer is yes, severe scarring can absolutely increase non-economic damages in a motorcycle accident case. These damages, unlike medical bills or lost wages, are meant to compensate for the subjective, non-monetary losses you’ve suffered. Scarring, particularly when it’s prominent, disfiguring, or impacts your daily life, falls squarely into this category. California law recognizes the significant emotional and psychological distress caused by permanent physical changes, and juries are permitted to award substantial compensation for pain, suffering, disfigurement, and loss of enjoyment of life.
However, simply having scars isn’t enough. The extent, location, and visibility of the scarring are critical factors. Scars on the face, neck, or hands—areas that are typically visible in everyday life—will carry more weight than scars hidden under clothing. The nature of the scarring also matters; keloid scars, hypertrophic scars, or scars that restrict movement are more likely to result in higher damage awards. Furthermore, the psychological impact is key. Evidence of anxiety, depression, social withdrawal, or self-consciousness related to the scarring will significantly strengthen your claim.
As a personal injury attorney with over 13 years of experience practicing in San Diego, I’ve seen firsthand how insurance companies attempt to downplay the significance of scarring. They often focus on the functionality of the injured body part, arguing that if you can still *use* your arm, the scarring isn’t that serious. This is a tactic designed to minimize their payout. Having been trained by former insurance defense attorneys, I understand their evaluation methods and how to build a strong case that highlights the full extent of your suffering. I know how they devalue claims and what evidence is needed to counter their arguments.
Will the insurance company automatically factor in scarring when evaluating my claim?
Unfortunately, no. Insurance adjusters are trained to minimize payouts, and they rarely volunteer to increase their offers based on subjective factors like scarring. They will likely start with a low offer based on your medical bills and lost wages, and you’ll need to proactively present evidence demonstrating the emotional and psychological impact of your scars. This often involves detailed documentation of your treatment for anxiety or depression, testimony from friends and family about the changes they’ve observed in your behavior, and potentially expert testimony from a psychologist or psychiatrist.
It’s also important to understand that the insurance company will likely request photographs of your scars, and they may even send you to an independent medical examination (IME) where a doctor hired by them will assess the extent of your injuries. Be prepared for this, and make sure you document everything, including the date, time, and location of the IME, as well as any questions the doctor asks you.
What types of evidence are most helpful in proving the impact of scarring?
The more evidence you can gather, the stronger your claim will be. Here are some key pieces of documentation to consider:
- Photographs: Take regular photos of your scars, documenting their appearance over time.
- Medical Records: Keep detailed records of all medical treatment related to your scars, including therapy sessions, prescriptions for anxiety or depression, and any other psychological care.
- Personal Journal: A journal documenting your emotional struggles, changes in your daily life, and feelings of self-consciousness can be incredibly powerful.
- Testimony from Friends and Family: Statements from loved ones who have witnessed the impact of your scars on your life can provide valuable support.
- Expert Testimony: A psychologist or psychiatrist can provide a professional assessment of your emotional distress and its connection to your scars.
How does comparative fault affect my ability to recover damages for scarring?
California operates under a ‘pure’ comparative fault system, meaning you can recover damages even if you were partially at fault for the accident. However, your total recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your damages will be reduced by 20%. Defense counsel may attempt to argue that your own negligence—such as speeding or not wearing a helmet—contributed to the severity of your injuries and, therefore, the extent of your scarring. It’s crucial to have an attorney who can effectively counter these arguments and present evidence demonstrating that the driver’s negligence was the primary cause of your injuries. As stated in Civ. Code § 1714, even with shared fault, you are still entitled to compensation.
What if the driver was uninsured or underinsured?
If the at-fault driver was uninsured or underinsured, you may be able to recover damages through your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This coverage is designed to protect you in situations where the other driver doesn’t have enough insurance to cover your losses. It’s important to review your insurance policy carefully to understand the limits of your UM/UIM coverage. Ins. Code § 11580.2 outlines the requirements for these types of coverage in California.
What is the statute of limitations for filing a motorcycle accident claim in California?
California law provides a two-year window from the date of the motorcycle accident to file a lawsuit for personal injury. Because evidence at a crash scene—such as skid marks or GoPro footage—can disappear quickly, immediate filing is critical to preserve the integrity of the claim. As stated in CCP § 335.1, waiting too long can result in the loss of your right to recover compensation.
