A serious accident can change a person’s life in an instant. In the aftermath of this traumatic event, stress can mount as a victim tries to pay medical bills and other expenses during the arduous recovery process. Scarring and disfigurement can have a profound psychological impact.
Someone hurt by the negligent actions of others can file a lawsuit to recover the full value of any economic or non-economic harm. Since 1997, Atlanta personal injury attorney Terrence R. Bethune has helped ordinary people seek the maximum compensation that they deserve.
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Seeking Compensation With a Negligence Lawsuit
A person who suffered scarring or disfigurement from a car accident, a truck crash, a burn injury, or another event caused by the wrongdoing of someone else can file a claim for damages. Depending on the circumstances, Georgia law may give a victim several avenues to pursue compensation, but a negligence case is often a good option. To prevail in this type of lawsuit, an injured person must prove:
- The existence of a duty of care that the defendant owed to the victim;
- A breach of the duty by the defendant;
- A causal link between the defendant’s breach and the victim’s injury; and
- Actual damages suffered by the victim because of the injury.
In highway collisions and most ordinary situations, a defendant has a duty to avoid conduct that unreasonably endangers others. In some instances, such as medical malpractice or premises liability claim, the defendant’s duty may be defined slightly differently.
A breach is an action or non-action that fails to conform to the duty owed by the defendant. Some examples of a breach include a driver who texts and drives, a trucking company that overloads its trucks, or a truck driver who fails to check his blind spot.
Georgia courts have held that there are two components to causation. The defendant must be both the cause in fact and the proximate cause of the victim’s injuries. Cause, in fact, means that the harm would not have occurred if the defendant had not breached the duty of care. The proximate cause requirement ensures that defendants are held liable only if their actions could have foreseeably caused the accident in which the victim was hurt.
An injured person who successfully proves the elements of a negligence lawsuit may be able to get damages from any defendants who are held accountable. In Georgia, disfigurement and scarring are compensable injuries for which a victim may receive compensation. To prove these damages, the victim will generally submit medical records and first-hand testimony about the extent and effect of the harm caused by the accident.
The victim may also seek damages for the harm that occurred as a result of their scarring, such as pain and suffering or emotional distress. Furthermore, if the disfigurement affected the victim’s ability to work, he or she may be able to collect long-term damages for lost wages.
Discuss Your Scarring and Disfigurement Case With Bethune Law Firm
If you suffered from scarring or disfigurement in an incident caused by another person’s carelessness, you may be entitled to compensation. The Bethune Law Firm has significant experience helping accident victims throughout Georgia. After learning about the facts of your case, injury lawyer Terrence R. Bethune can advise you about the legal options that you may have. Call 1-800-INJURED or fill out our online contact form to schedule a confidential free consultation.