Scarring from a car accident injury could meet New York’s Serious Injury Threshold under the Significant Disfigurement category of Insurance Law § 5102(d). Unlike some categories that require a measurable loss of function, scarring doesn’t have an objective medical test attached to it. Courts look at whether a reasonable person would subjectively find the scarring unattractive, objectionable, or something that evokes pity or ridicule.
If injuries from a car accident have left you permanently scarred, you may have a viable serious injury claim on Long Island. The Raimondo Law Firm is ready to evaluate your case for free and fight for the compensation you deserve.
Key Takeaways
- The legal test for scarring to pass the Serious Injury Threshold is whether a reasonable person would find the scar unattractive, objectionable, or pitiable.
- There is no requirement for the scar to cause physical impairment.
- The appearance, location on the body, and permanence carry more weight than the scar’s actual size.
Why is Scarring Treated Differently from Other Injuries
If you look at the eight categories covered by Insurance Law § 5102(d), they can typically be argued with objective medical tests like X-rays, MRI scans, and measured range of motion tests. Significant disfigurement works differently. There’s no scan that can tell a court that a scar is “significant.”
Instead, Long Island courts (and those throughout the state) apply what could be considered a community-standard test. Would a reasonable person, when looking at scarring left by an injury, find it unattractive, objectionable, or the kind of thing that would attract pity or even scorn?
Because it’s a subjective standard, similar cases that go before the courts can have unique outcomes, depending on where the scar is, how it looks, and how a jury reacts to it. The evidence supporting the claim matters immensely.
What Kind of Scarring is More Likely to Pass the Threshold?
If you have scars resulting from a car accident on Long Island, there are certain aspects that can make it more likely to pass the Serious Injury Threshold. A scar that is permanent and clearly visible, such as a facial scar that can’t be improved by further treatment, is more likely to qualify.
Generally, scarring most likely to pass the threshold would be:
- Clearly visible and in an exposed area, such as the face, hands, or neck.
- Permanently discolored or evident by a change in texture, such as scarring that is raised, indented, or discolored significantly compared to natural complexion.
- Medically permanent, meaning that a medical professional has confirmed that further treatment won’t meaningfully improve the appearance of the scar.
If scarring is faint, small, likely to fade with time, or easily covered by clothing, it is unlikely to pass the Serious Injury Threshold under the Significant Disfigurement category. However, there may be an alternative viable claim if the scar causes lasting pain or limits motion. It’s crucial to have your injuries reviewed by an experienced personal injury attorney on Long Island. A free case review will explore all potential pathways to seek compensation.
What Kind of Evidence is Needed to Support a Significant Disfigurement Claim?
Whether the case is decided in a settlement with an insurer or by a jury, the evidence has the burden of doing work that objective diagnostics would do in other cases.
Evidence to support a Significant Disfigurement claim includes:
- Photographs Taken at Multiple Points: These should document the evolution and permanence of the scar. Images from after the injury, during healing, and after stabilization can show the court that the scar isn’t going to fade away.
- Medical Documentation: A treating physician or plastic surgeon can provide a medical opinion that confirms the scarring is permanent and won’t improve, or that it may improve only with further surgery.
- Testimony about Visibility and Impact: Testimony outlining how the scarring affects daily life helps humanize the psychological impact of what might otherwise appear as a purely cosmetic complaint.
Expert medical testimony is essential in these cases. The Raimondo Law Firm maintains a vast network of licensed and respected medical professionals who can help to validate the facts around your case.
Frequently Asked Questions
Will a Small Scar Automatically Fail to Meet the Threshold?
Not necessarily. A small scar might still pass depending on its visibility, texture, and location. However, larger permanent scars are most likely to meet the threshold.
Can Scarring Alone Support a Lawsuit If I Don’t Have Other Injuries?
Yes, a lawsuit can be built entirely around scarring. Significant Disfigurement is its own category under Insurance Law § 5102(d).
Talk to a Long Island Accident Attorney About Your Scarring Claim
Significant disfigurement claims succeed or fail based on the quality of the evidence and how it is presented. The right photos, medical records, timing, and expert opinions make a difference. If you were left with scarring after an accident, there’s a trusted accident attorney on Long Island ready to review your case. The Raimondo Law Firm offers free consultations and can represent you on a contingency basis.
Have your case evaluated today. Reach out to an injury lawyer at (631) 471-1222.
