The Recovery of Disfigurement Damages in Personal Injury Lawsuits

Disfigurement is an element of personal injury damages that a jury is asked to separately value when a case goes to trial. In a typical jury charge, there is a separate blank for a jury to fill out on the issue of disfigurement. Evidence introduced to prove disfigurement can be powerful at trial. The scarring or deformity involved with disfigurement can be compared with prior photographs showing the pre-injury condition of the injured person. The before and after version of the person the jury is looking at with their own eyes can often really hit home and motivate the jury to compensate the injured party significantly. Disfigurement as an element of personal injury damage has been defined as, essentially, anything that impairs the beauty, symmetry or appearance of a person. Disfigurement damages are typically recovered in cases involving scarring, deformity, amputation or any other changes in appearance of a person. The plaintiff may recover for not only past disfigurement, but also for future disfigurement that in all reasonable probability will be suffered. Injured parties should work closely with their lawyers to fully develop any and all avenues of recovery in the unfortunate event that disfigurement has been suffered.
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