Can Scar Revision Surgery Be Included In Damages?
The short answer is yes, scar revision surgery can absolutely be included as part of your damages in a motorcycle accident claim. However, it’s not automatic. Insurance companies will scrutinize these requests, often arguing they are cosmetic and therefore not compensable. The key lies in establishing a legitimate medical necessity for the procedure, demonstrating how the scars impact your physical function and quality of life.
California law allows for recovery of all damages proximately caused by the negligence of another party. This includes not only the initial medical expenses but also future medical care reasonably necessary to restore you to the condition you were in before the accident. Scar revision surgery falls squarely within this category when it addresses functional limitations, pain, or psychological distress caused by the scarring. We’ve successfully recovered costs for laser treatments, skin grafts, and even more extensive reconstructive procedures for our clients in San Diego.
I’ve been practicing personal injury law in San Diego for over 13 years, and I’ve seen firsthand how insurance companies attempt to minimize the value of claims involving scarring. I was trained by a former insurance defense attorney, giving me intimate knowledge of how they evaluate, devalue, and deny claims. They’ll often request independent medical examinations (IMEs) with doctors who are incentivized to find reasons to dispute the need for scar revision. That’s why it’s crucial to have a strong legal advocate on your side who understands these tactics and can build a compelling case to support your claim.
Will Insurance Cover All Scar Revision Costs?
Unfortunately, insurance companies rarely approve scar revision surgery without a fight. They will often argue that the procedure is purely cosmetic and therefore not covered under their policies. To overcome this, you’ll need to provide compelling evidence demonstrating the medical necessity of the surgery. This includes detailed reports from your treating physicians outlining the functional limitations caused by the scars, such as restricted range of motion, chronic pain, or nerve damage. Photographs documenting the extent of the scarring and its impact on your daily life are also crucial.
Furthermore, testimony from mental health professionals can be invaluable in establishing the psychological distress caused by the scars. If the scarring has led to anxiety, depression, or body image issues, a therapist’s report can strengthen your claim significantly. We often work with medical experts to prepare comprehensive reports and provide persuasive testimony to support our clients’ claims.
What Types of Scar Revision Procedures Are Typically Covered?
The types of scar revision procedures that are typically covered depend on the severity and nature of the scarring. Common procedures include laser resurfacing, microdermabrasion, skin grafting, Z-plasty, and even more complex reconstructive surgeries. The goal is to improve the appearance and function of the scarred tissue, reducing pain, restoring range of motion, and improving your overall quality of life. It’s important to discuss all available options with your physician and determine which procedure is most appropriate for your specific needs.
How Long Do I Have to File a Claim for Scar Revision Surgery?
In California, you have 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. Even if you don’t need scar revision surgery immediately, it’s important to initiate the claim process as soon as possible to protect your rights. Waiting too long can jeopardize your ability to recover full compensation for your injuries, including future medical expenses like scar revision.
What if the Insurance Company Denies My Claim for Scar Revision?
If the insurance company denies your claim for scar revision surgery, don’t give up. You have the right to appeal their decision and pursue further legal action. This is where having an experienced attorney is crucial. We can review the denial letter, gather additional evidence, and negotiate with the insurance company on your behalf. If negotiation fails, we can file a lawsuit and take your case to trial, presenting a compelling case to a judge or jury. We understand the intricacies of California insurance law and will fight tirelessly to ensure you receive the compensation you deserve.
What Happens if the Accident Was Partially My Fault?
California’s ‘pure’ comparative fault system applies to motorcycle claims. Even if a driver argues you shared responsibility due to speed or positioning, you can still recover damages; however, your total compensation will be reduced by your percentage of fault. This means that even if you were 20% at fault for the accident, you can still recover 80% of your damages, including the cost of scar revision surgery. It’s important to have an attorney who can thoroughly investigate the accident and present a strong defense against any claims of comparative fault.
