Disfigurement is one of the more complex and often emotional aspects of a personal injury claim. In Vermont, as in many other states, disfigurement can significantly impact the compensation a victim may be entitled to, as it represents a permanent physical alteration that may affect a person's quality of life, emotional well-being, and employability. Understanding how disfigurement is evaluated in Vermont personal injury claims will help individuals navigate the legal landscape more effectively.

Defining Disfigurement in Vermont

Disfigurement refers to any lasting change to a person's appearance due to injury, typically visible scars, loss of limbs, or burns. These changes often affect the victim's physical appearance, and in many cases, they can lead to long-term psychological harm.

Disfigurement claims are typically part of personal injury cases, where plaintiffs seek compensation not only for medical costs but also for the emotional toll and societal stigma that permanent alterations to one's appearance can bring.

In Vermont, disfigurement is classified as a type of non-economic damage, which encompasses more subjective losses like pain and suffering, diminished quality of life, and emotional distress. These damages are distinct from economic damages, which involve tangible financial losses such as medical bills and lost wages.

Types of Injuries That Lead to Disfigurement

Several types of injuries can result in disfigurement, and they often vary in severity and visibility. Common causes of disfigurement that may lead to personal injury claims include:

• Burns: Severe burns are some of the most common injuries that lead to permanent scarring and disfigurement.
• Facial Injuries: Accidents that result in damage to the face, such as broken bones or lacerations, can leave visible scars and deformities.
• Amputations: Loss of a limb due to accidents or medical negligence can dramatically alter a person's life and appearance.
• Dog Bites: Animal attacks, especially those involving dogs, frequently result in scarring and permanent disfigurement.
• Car Accidents: Vehicle collisions often cause severe injuries, including facial disfigurement, broken bones, and deep cuts.

How Vermont Law Evaluates Disfigurement

When assessing disfigurement in a personal injury claim, Vermont courts and insurance companies look at a variety of factors:

1. Severity of the Injury: How extensive is the disfigurement? A small scar may not be viewed the same as a large, visible scar or the loss of a limb. The more serious the injury is, the higher the potential compensation.
2. Visibility: Disfigurements on visible parts of the body, such as the face or hands, are generally considered more serious. Scars or disfigurements that are visible to others may significantly impact a person's self-esteem and how they are perceived socially or professionally.
3. Permanency: Disfigurement must be permanent to qualify for compensation. Temporary injuries that heal without long-lasting marks may not be considered.
4. Impact on Employment: If disfigurement hinders a person's ability to work in their chosen profession—especially in fields where appearance plays a critical role (e.g., modeling, acting, or customer-facing roles)—this factor may increase the compensation awarded.
5. Psychological Impact: The emotional and psychological toll of disfigurement is significant. Anxiety, depression, and social withdrawal are common among victims of disfiguring injuries, and courts take these factors into consideration when determining damages.

Compensation for Disfigurement in Vermont

In Vermont, compensation for disfigurement falls under the umbrella of non-economic damages, which may be awarded in addition to economic damages (like medical and lost wages). Non-economic damages are to compensate for the emotional and psychological suffering caused by the injury.

There is no set cap on non-economic damages in Vermont, which means that plaintiffs may be able to recover significant compensation for severe cases of disfigurement. However, the amount awarded will depend on several factors:

• Medical Treatment and Rehabilitation Costs: Extensive treatments, such as reconstructive surgery or ongoing therapy, can be factored into the compensation package.
• Long-Term Care Needs: If a disfigurement leads to a permanent disability requiring long-term care, these costs can also be recovered.
• Loss of Enjoyment of Life: Plaintiffs may be awarded damages for the emotional distress and loss of enjoyment they experience due to their disfigurement. This can include the inability to participate in hobbies, social activities, or daily routines.

Proving Disfigurement in a Personal Injury Claim

To successfully claim compensation for disfigurement, a plaintiff must be able to demonstrate the following:

• Medical Documentation: A clear record of the injury, treatments, and the long-term prognosis. Photographic evidence of the disfigurement may also be submitted.
• Expert Testimony: Testimony from medical professionals, such as plastic surgeons, dermatologists, or mental health experts, can help establish the extent of the disfigurement and its impact on the victim's life.
• Witness Statements: Testimonies from family members, friends, or colleagues can illustrate the emotional and social impact of the disfigurement.

Steps to Take After an Injury Resulting in Disfigurement

If you've suffered an injury that led to disfigurement, it's essential to take the following steps to protect your rights and improve your chances of receiving compensation:

• Seek Immediate Medical Attention: Prompt medical treatment can mitigate the severity of the injury and establish a clear medical record.
• Document the Injury: Take videos and photos of the injury as soon as possible, and continue documenting its progression over time.
• Meet with a Personal Injury Attorney: A skilled Vermont personal injury attorney can help you figure out the value of your claim and navigate the legal process.

Conclusion

Disfigurement is a life-altering consequence of many serious accidents. In Vermont, victims of disfigurement may seek compensation for the profound physical, emotional, and financial impacts such injuries can cause. By understanding how disfigurement is evaluated in personal injury claims, victims can better advocate for fair compensation and justice.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence. 

Contact us now for a free legal review.