Any damage claim for "disfigurement" would be subsumed in the negligence and premises liability causes of action. Disfigurement would be part of the damages resulting from the injury. There is no necessity to amend the complaint. However, you may wish to review your discovery responses and supplement those if necessary.
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Any qualified personal injury lawyer would include this as part of your claim.
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There are many diverse elements of damages in personal injury claims, including disfigurement to be certain, but more importantly how all of this affected the individual. But we're jumping the gun to fast forward to damages without first looking at the facts and circumstances underlying the establishment of damages. Without that, we don't get to damages. Here's why: [Blue Link Below]
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
Disfigurement is claimed as part of the plaintiff's general damages (pain, suffering, inconvenience, disfigurement, embarrassment, humiliation, etc.).
If the plaintiff is a candidate for scar revision or reduction, then those medical procedures should be included in their special damages (those damages which are quantifiable).
Disfigurement and scar revision do not need to be specifically pled -- they are included in the portions of the complaint alleging general and special damages.
Please see the link below for further discussion with more detailed examples of general and special damages (including scarring)
It should already be contained within the language of your complaint under language such as , "resulting in substantial injury to the plaintiff'. talk with your attorney for further clarification.
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