Claims for a Scar and Disfigurement

In Pennsylvania, if your case does not settle amicably out of court, it will typically be a jury (not a judge) who decides on the value of your canine-related scar claim against a dog owner.   

There is no objective metric to decide the worth of a disfigurement claim.  However, some cases easily garner a high valuation.  These include amputation or a deep, dark and disfiguring scar, especially one on the face or neck. 

But the marking can be more subtle, involving only a change to the texture, shape, or color of skin.  Technically, to make a valid scar claim in Pennsylvania, any visible change will suffice. This can include an indentation, discoloration, or even slight alteration to the texture of skin.  

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Timing of Scar Revision Procedures 

One key medical concern with any canine attack is the risk of infection. Therefore, the initial treatment of a dog bite typically focuses on avoiding sutures to allow the injured area to drain properly, which, in turn, alters the timeline for scar revision. Early on, sutures, plastic surgery, or microsurgery risk trapping a potentially serious infection within the body. For this reason, scar management in dog bite cases can be particularly complex. 

 

Puncture versus Tear

After the wound is adequately cleaned and drained, a tear to the skin can be sutured at some point.  A puncture, on the other hand, is almost never sutured. This means that the puncture, while not as long as tear, might leave a noticeable mark.  There could be a permanent indentation or area of discoloration.

 

Permanent Disfigurement – Use of Expert Medical Evidence 

Defendant-dog owners and their insurance carriers often minimize bites, claiming it was “just a nip.”  They’ll say no “real” scar occurred. Or, they’ll blame the victim for not getting a serious scar fixed or revised through surgery.  To solidify the claim, we may obtain the opinion from a medical expert on two things.  First, would scar treatment / revision be a waste of time and/or not worth the risk relative to the likely outcome.  And secondly, is the scar permanent?

Injuries Beneath the Skin: a Contusion or Hematoma

Sometimes there’s no damage to the skin.  Rather, an injury can form beneath the skin, in the form of a blood clot or collection of blood just below the surface. This is a hematoma or contusion (bruise).  It can cause the skin to be raised for a period of time, changing the appearance of the skin.  Even though the effect is temporary,  once source has noted:

Mild hematomas and contusions will usually heal in about five days. A large hematoma may last weeks to months and as it heals it will change color and slowly shrink.

 

Valuing Scar Claims – a Checklist

The value of the case will depend on several factors:

• The severity of scar – is it deep versus more superficial?
• Whether the scar is permanent, or will it fade and diminish over six (6) to eighteen (18) months as many will often do?   
• The location of the scar – is it on a noticeable part of the body (face or neck) versus the back of the upper leg?
• The age and gender of the person who is disfigured.  For example, a jury will value a belly scar differently if it’s on a fifty two year-old-man (who rarely takes off his t-shirt) versus a twenty -three year-old woman (who wears bikinis). 
• Whether scar revision is possible through medical treatment,
• Whether attempt revision has gone poorly,
• Whether the scar remains painful, or is located in a part of the body — such as the hand, outer arm, knee, or foot, where it will brush up against clothing or other surfaces to get reaggravated, and 
• Does the scar inferter with work, such as modeling, or does it make a person self-conscious about interacting with customers, causing lost income?  

 

Contrast from Workers’ Compensation “Neck Up” Limit

When you are hurt at work and bring a claim for workers’ compensation (workers’ comp), there are major limits to claims against the employer for a monetary recovery.  One such limit involves a claim for disfigurement at work.  In workers’ compensation cases, for example, the only part of the body for which you can claim “disfigurement” involves your neck up, i.e., your face.  In, fact, PA’s Workers’ Compensation Act limits workers comp claims for scars as follows:

“For serious and permanent disfigurement of the head, neck or face, of such a character as to produce an unsightly appearance, and such as is not usually incident to the employment…”

However, this limitation only applies to worker’s comp, meaning, claims against your employer. Your claims against the dog owner are totally separate and often worth far more than the workers’ compensation claim.  You should talk to a lawyer about bringing both claims simultaneously.

 

Handling  Smaller Scar Cases

Dog owners and their insurance carriers often try to minimize the amount of disfigurement, claiming it is “not serious” or “barely noticeable,” which is true in some instances.  We, however, take a different position.  We say, what matters is not only what the public sees, but also what the dog bite victim sees –  daily, when showering, or getting dressed.  Each time the victim sees or feels the scar, it is a reminder of the trauma and the severe emotional distress caused by the attack.

 

Getting More Information and Bringing a Claim

Contact us today for a free consultation about any claim!

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(412)400.5476