Claims for a Scar and Disfigurement from a Dog Bite
Our Pittsburgh dog bite lawyers bring claims for all damages that result from a dog bite, including disfigurement. These claims can be very serious, such as an amputation. A deep scar, especially on the face, can be noticeable from a great distance. On the other hand, the mark could be more subtle, involving only a change to the texture, shape, or color of skin. What constitutes a sufficient “scar” or disfigurement to make a dog bite claim in Pennsylvania? Any visible change will suffice. This can include as indentation, discoloration, or even a change in texture.
Handling Claims Large and Small
Dog owners and their insurance carriers often try to minimize the amount 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.
Permanent Disfigurement
Some injuries are severe and cannot be corrected through surgical or non-surgical intervention. Others will need time to heal. We sometimes need the opinion from a medical expert to opine on two things. First, would treatment be a waste of time and/or not worth the risk relative to the likely outcome. Secondly, is the scar permanent?
Timing of Scar Revision Procedures
The concern with any dog bite is the risk for infection; thus, treatment of a dog bite will typically involve the avoidance of sutures, at least initially, to let let the injured area drain. Otherwise, sutures or plastic surgery (or microsurgery) risks trapping inside the body a potentially serious infection. For this reason, scar management — in dog bite cases in particular — can be very complex.
Puncture versus Tear
A tear to the skin can be sutured as some point, after the wound is adequately cleaned and drained. 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.
Injuries Beneath the Skin: Hematoma
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. 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, it can be painful for a period of weeks or months.
Valuing Scar Claims
The value of the case will depend on four things.
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The severity of scar – is it deep versus more superficial?
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The location of the scar – is it on a party of the body that is more noticeable like the face, versus the back of the leg?
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The age and gender of the person who is disfigured. There is a difference between the scar on the belly of a fifty two year old man, versus a twenty three year old, bikini wearing woman.
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Whether the scar remains painful, or is located in a place where it will brush up against other surfaces to get constantly re-agitated.
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. Once 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” involve your neck up, i.e., your face.
This limitation only applies to claims against your employer. When the dog owner is not your employer, no such limit exists. Thus, you may seek a judgment for a scar to any part of your body.
Getting More Information and Bringing a Claim
Contact our Pittsburgh dog bite attorneys today for a free consultation about any dog bite or disfigurement related claim in Pennsylvania.
Let’s Get Started!
(412)400.5476