I was involved in a car accident last year. I sustained a large cut on my arm that has left me with a scar. Can you tell me if it is worth trying to bring a case over a scar?
The short answer is yes, you can bring a case for scarring in a car accident. In New York, the “No-Fault” covers your medical bills. (Generally, the vehicle in which you were riding or driving has a health insurance rider attached to the car insurance policy which covers medical expenses. But if you were driving or riding for your job, your employer’s worker’s compensation policy would cover medical expenses.)
In addition to medical expenses, you may also make a claim for pain and suffering against the at-fault parties. Insurance Law section 5104. Under the no-fault law, you can bring a case for scarring in a car accident. Certain tiny scars not visible cannot receive damages. However, you stated that you sustained a “large” cut, so I am assuming you have a corresponding “large” scar.
Scar cases are generally quick to try since no doctor testimony is necessary to prove a scar was caused by a laceration. A jury would normally see hospital records, look at photographs of the laceration, and would review the scar on the injured party.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.