Car & pedestrian accidents

Can I sue if an auto accident leads to permanent disfigurement?

Permanent disfigurement refers to lasting changes to the human body and appearance that result from an accident. Motor vehicle collisions have a chance of causing this type of injury to…

In brief

Permanent disfigurement refers to lasting changes to the human body and appearance that result from an accident. Motor vehicle collisions have a chance of causing this type of injury to drivers or passengers. Many injuries resulting from a car accident can lead to permanent disfigurement. If you suffer any disfigurement…

Permanent disfigurement refers to lasting changes to the human body and appearance that result from an accident. Motor vehicle collisions have a chance of causing this type of injury to drivers or passengers.

Many injuries resulting from a car accident can lead to permanent disfigurement. If you suffer any disfigurement following a car crash, you might ask: Can I hold the other driver involved in the accident responsible for my deformities?

Car crash injuries that can lead to deformities

Injuries from a car crash aren't just potentially fatal but can also cause disfiguration. Here are some common collision injuries that can lead to lasting deformities:

  • Amputations: The most severe crashes can lead to situations where parts of the damaged vehicle crush a person's limbs, leading to traumatic amputation. Doctors may also have to amputate a limb if the individual's injuries lead to complications such as infection, making repair impossible.
  • Burns: The most severe third- and fourth-degree burns can leave extensive scarring and disfigurement - if any skin is left. These injuries may also require skin grafts to replace the damaged layer.
  • Cuts, scrapes, and puncture wounds: Debris from a car crash can fly into vehicle passengers, causing damages that leave behind deep scars.
  • Fractures: Open fractures - where the bone snaps into pieces and breaks through the skin - are severe enough to lead to permanent disfigurement. Apart from causing scars, some fractures may not heal properly and leave individuals with an abnormal gait or movement, which also counts as disfigurement.
  • Muscle and nerve damage: Whether it's your face or your spine, car accidents can damage critical musculoskeletal and nervous systems. Injuries that lead to paralysis are disfiguring.

Suing a driver for collision-related disfiguration

You usually can't sue the other driver in Kentucky due to the state's no-fault system. Kentucky’s no-fault system has rejection rules and exceptions, so coverage and tort rights must be checked for the individual case. Under KRS 304.39-060, permanent disfigurement is a separate injury-based exception to the limitation on noneconomic damages; it is not dependent on also exceeding $1,000 in medical expenses.Source

Suing the at-fault driver of an accident for your permanent disfigurement can be surprisingly tricky, even if your deformity is plain for anyone to see. You need to prove that the accident led to the disfigurement and that the deformity would result in a lower quality of life for you. For such instances, you might want to hire a lawyer experienced in motor vehicle accidents to represent you in court and fight for your right to compensation.

This article provides general information and is not legal advice. It may not reflect later changes in law. Do not rely on it for an emergency or deadline; speak with a lawyer about your facts.

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