Plaintiff got severy injured at L4 and L5 lumbar disks on Def's property during a slip and fall accident. As a result, plaintiff had to at first undergo, epidurial injections with no result. Then PL underwent a Stryker DeKompressor Percutaneous Discectomy procedure at L4 with very little positive results, Then PL underwent a very painful procedure called a Lumbar Discogram which revealed a severe linear tear of disk L5. With no choice, PL underwent FUSION LUMBAR DISK REPLACEMENT SURGERY, wherein TWO 4 inch incisions were done. One in the back and another in the belly area. Both of these incisions have left very ugly scarring. The PL is a young female.. a Complaint, was filed for negligence prem. liability. Can it be amended to add a claim for disfigurement ?
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.
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]
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)
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