For too many accident victims in New York City, physical recovery is only one part of the journey. Long-term scarring is a daily reminder of trauma they’ve suffered. It impacts professional and social interactions and could require costly cosmetic treatment.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we get justice for accident victims. This includes helping our clients get full compensation for the medical and emotional effects of long-term scarring.
New York Law & Compensable Harm
Under New York law, scarring is a compensable harm in a personal injury claim or lawsuit, particularly when it results in disfigurement, loss of mobility, or emotional suffering. Whether the scarring resulted from a car crash, construction accident, burn injury, slip and fall, or any other type of accident, the courts recognize visible scarring as a legitimate basis for awarding non-economic and economic damages.
Relevant Standards
To hold someone liable for scarring under New York law, the plaintiff must establish:
- Negligence—the defendant failed to exercise reasonable care
- Causation—the defendant’s negligence caused the injury
- Damages—the scarring is a quantifiable result of the injury
In many NYC scarring claims, the damage is not just the initial wound but the permanent mark it leaves behind, impacting the victim’s self-esteem, physical capabilities, and employment prospects.
Types of Compensation for Scarring After an Accident
Victims of long-term scarring may pursue both economic and non-economic damages in a personal injury lawsuit.
Economic Damages
- Medical expenses: treatment, surgery, rehabilitation
- Future cosmetic procedures
- Lost wages due to time off work
- Loss of earning capacity (particularly in industries where appearance affects employment)
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional trauma
- Disfigurement
Documenting Long-Term Scarring Damages
Proper medical records are the foundation of any successful scar compensation claim. Immediately following your injury, seek care and maintain all documents related to:
- Wound care and healing
- Surgeries (including skin grafts or plastic surgery)
- Infections or complications
- Final diagnoses related to disfigurement or nerve damage
- Treatment recommendations from dermatologists or plastic surgeons
Before-and-after photographs, treatment plans, and expert opinions help illustrate the severity and permanence of the scarring.
Cosmetic Impact Evaluations
Cosmetic surgery evaluations are essential, especially cases involving visible scars to the face, neck, or hands. These assessments estimate the cost of:
- Future cosmetic procedures (reconstructive surgery, laser therapy, dermabrasion)
- Skin grafts or pressure garment therapy
- Medications to minimize keloid or hypertrophic scars
Courts in New York consider these future costs part of economic damages. We may work with cosmetic surgeons and dermatology experts to provide detailed reports for emotional distress scars cosmetic scar lawsuits.
Psychological and Emotional Impact
The emotional trauma caused by scarring can be severe. Victims may experience:
- Anxiety or depression
- Social withdrawal or isolation
- Body image issues or PTSD
- Difficulty socializing, working, or engaging in public activities
In these situations, a psychological evaluation or therapist testimony can help substantiate claims for pain and suffering and emotional damages. These impacts are essential in building a comprehensive settlement for permanent scarring.
Evaluating the Impact of a Scar
In addition to your treating physicians, expert evaluations play a vital role in establishing damages. These may include:
- Plastic Surgeons: to assess future treatments and disfigurement severity
- Dermatologists: for ongoing treatment needs
- Psychologists: to document emotional trauma
- Vocational Experts: to evaluate loss of earning potential
- Life Care Planners: to estimate long-term care and cosmetic costs
How Long Do You Have to File a Claim?
Under New York law, the statute of limitations for most personal injury claims is three years from the date of the accident. However, this time frame can vary:
Municipal claims (e.g., against the City of New York) require a Notice of Claim to be filed within 90 days. Minors may have longer to file, depending on the specifics of their case.
How Scarring Impacts Personal Injury Claims
New York courts have recognized the serious personal impact of scarring through jury verdicts and settlements in a range of personal injury cases. When negotiating a settlement for permanent scarring, our attorneys emphasize the cumulative impact of the injury.
When a person suffers long-term or permanent scarring due to an accident or injury, the amount of compensation available can vary significantly. Several key factors influence the value of damages awarded in such cases.
- Severity and Visibility of the Scar: The size, depth, and location of the scar are major considerations. Scars that are prominently visible—such as those on the face, neck, or hands—tend to result in higher damages due to the impact on appearance and emotional well-being.
- Impact on Quality of Life: If the scarring interferes with everyday activities or professional opportunities (e.g., for individuals in public-facing roles), damages may increase. Courts often consider the psychological effects, including depression, anxiety, or embarrassment stemming from the scar.
- Age and Gender of the Victim: Younger victims and women may receive higher compensation due to perceived longer-term effects and societal biases related to appearance.
- Medical Treatment and Future Care: The cost of past and future medical procedures, including reconstructive surgery, skin grafts, or therapy, influences the damages awarded.
- Jurisdiction and Legal Precedents: Some states cap non-economic damages or have specific case law that influences how scarring claims are valued.
How WRSMH Builds Solid Personal Injury Cases
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we prepare every case as if it will go to trial. Our philosophy is grounded in meticulous preparation, full documentation, and strategic use of expert testimony.
Why These Cases Deserve Serious Representation
Insurance companies often try to downplay scarring as “just cosmetic.” But the reality is that permanent disfigurement can have life-changing consequences. You deserve justice. At WRSMH, we don’t let adjusters or defense lawyers minimize your injury.
Speak With a Trusted Personal Injury Lawyer in New York City
If you or a loved one is dealing with long-term scarring after an accident, contact Wingate, Russotti, Shapiro, Moses & Halperin, LLP today. We’ve recovered over $2 billion for our clients by delivering powerful courtroom representation and relentless advocacy.
Call (212) 986-7353 to schedule a free consultation.
Let our experienced NYC injury attorneys fight for your recovery and your dignity.