How Negligent Drivers Can Cause Rollover Car Crashes in Minnesota

sedan rolled over on roadThe impact from a rollover crash often causes the roof of the vehicle to cave in. For the driver and other occupants, this type of collision is likely to result in catastrophic or fatal injuries.

While there are numerous factors that can contribute to a rollover crash, the main culprit in these crashes is driver negligence. For this reason, victims are urged to meet with a licensed attorney to discuss legal options.

At TSR Injury Law, we know how devastating a rollover crash can be and we are prepared to help victims, at no upfront cost. Our Minneapolis vehicle accident lawyers have obtained millions for crash victims.

Call today to set up your free legal consultation: (612) TSR-TIME.

What is a Rollover Crash?

A rollover crash occurs when a vehicle either rolls over onto its side or flips upside down. Sometimes vehicles stop rolling when they hit the pavement. However, if a vehicle is traveling at a significant speed, it may rollover two or more times before coming to rest.

Sometimes a rollover crash involves two or more vehicles. However, rollover crashes are often single-vehicle crashes where the driver made a dangerous maneuver that caused the vehicle to roll. While single-vehicle rollovers are incredibly dangerous, the risk of a death goes up significantly when more than one vehicle is involved.

How Do Cars Flip Over in a Crash?

Rollover crashes can be divided into two main categories: untripped rollovers and tripped rollovers.

Tripped Rollover Crashes

This is the most common type of rollover crash and occurs when one of the vehicle’s tires digs into soft ground or hits a curb, ditch, guardrail or median. This creates a sudden increase in lateral force, causing the weight of the vehicle to shift to one side, creating the potential to roll the vehicle before regaining control.

A tripped rollover often happens after a collision with another vehicle. The impact could push one vehicle off the road and cause the wheels to hit something that shifts the weight of the vehicle. Tripped rollovers may also be more likely to happen when the roads are slick from rain, snow or ice.

Tripped rollovers can also happen when a vehicle:

  • Bounces over a fixed object
  • Climbs up and over an object, lifting the vehicle off the ground
  • Flips forward, going end over end
  • Falls over, such as if the vehicle goes over a hill or down an embankment

Untripped Rollover Crashes

An example of an untripped rollover crash would be one that occurs when a driver attempts to turn at high speed. As the vehicle turns, gravity and inertia push the vehicle toward the outside of the curve. The weight of the vehicle itself can cause it to rollover. This can be attributed to the force of inertia overcoming your tire’s grip on the road. An untripped rollover like this is more likely to happen if the vehicle is top heavy.

Untripped rollovers can also occur when one vehicle makes evasive maneuvers to avoid a collision with another vehicle. For example, if the driver of a top-heavy vehicle swerves to avoid a rear-end crash, it could rollover in the direction he or she swerved.

What Factors Can Contribute to a Rollover Crash?

There are countless factors that could contribute to a rollover collision, such as:

  • Distracted driving
  • Speeding
  • Drunk or impaired driving
  • Turning too hard
  • Overloading the car with cargo
  • Side impact from another vehicle, such as in an intersection
  • Driving too fast around a corner
  • Losing control of the car and veering down an embankment
  • Inclement weather (rain, snow, ice, road debris, potholes, etc.)
  • Negligence by the designer or manufacturer of the vehicle
  • Drowsy driving
  • Aftermarket tires that grip the road better than stock tires
  • Old, worn tires that do not grip the ground well, which can lead to skidding and rolling over

Negligent driving is a factor in almost all rollover collisions. That means whether you were a passenger in the negligent driver’s car or in another car, you may be able to seek compensation for your damages.

Proving negligent driving can be a challenge. That is why victims need an experienced lawyer to assist them. Insurance companies often downplay car crashes and try to find a reason to deny these claims. They are also far more likely to take a claim seriously if you are represented by an experienced lawyer.

What Types of Vehicles Are Most Likely to Roll Over?

The higher a vehicle is off the ground, the more likely it is to roll over. Large trucks, SUVs and even crossovers have a higher risk of rolling over, either from driver negligence or a collision with another vehicle or fixed object. Full size passenger vans also have a higher risk of rolling over.

It is also important to note, any large vehicles will have a higher risk for rolling over if they are overloaded, particularly if cargo has been loaded on the roofs of these vehicles.

SUVs that have off-road suspensions installed may also have an increased risk of rolling over due to the raised height of the vehicle.

Common Rollover Crash Injuries

There are many reasons why serious injuries are common in rollover collisions. For example, the roof could cave in when the vehicle flips over, the airbags could deploy improperly and cause injury, and if the vehicle rolls multiple times, you could get tossed around and suffer multiple serious injuries.

Some of these injuries include:

  • Traumatic brain injuries from hits to the head or from getting violently shaken around
  • Spinal cord damage
  • Severe fractures
  • Internal organ damage
  • Lacerations, such as from broken windows or broken metal
  • Crush injuries, from a collapsed roof or body parts getting pinned under the dashboard
  • And more

How to Lower the Risk of a Vehicle Rollover

Sometimes there is no way to prevent a crash with another car. However, there are many things you can do to lower your risk of a rollover crash.

For example, avoid going too fast around a corner. This is dangerous no matter what type of vehicle you are in, but particularly in larger vehicles that are higher above the road.

Speeding is a bad idea. Not only is it against the law, but it puts you at higher risk for many types of crashes. If you hit something unexpectedly at high speed, there is a risk you could lose control of your vehicle.

Make sure your tires are properly inflated and balanced. Unbalanced tires can make the car harder to control around corners. Replacing old, worn-down tires is also a necessity.

Avoid distracted driving. If you are driving while distracted, you might not notice an avoidable hazard, causing your vehicle to roll over.

TSR Injury Law is Ready to Assist You. Contact Us

Rollover collisions can have permanent or even fatal consequences. That is why victims should strongly consider talking to an experienced lawyer about their options. An attorney may be able to recover compensation to cover the injuries and damages you suffered.

TSR Injury Law has obtained more than $1 billion on behalf of injured victims in Minnesota. We also take cases on contingency, which means there are no upfront fees for our services.

Have legal questions? We are here to help. Call (612) TSR-TIME.

Does Insurance Cover an Auto Accident on Private Property in Minnesota?

no trespassing sign Do you know your rights after a car crash on private property? Can you file a claim just like you would after a collision on public property? Could the private property owner be held liable?

If you were injured in a crash on private property in the Bloomington area, TSR Injury Law may be able to help you. Our law firm has been working with crash victims for decades, helping them secure compensation for their medical costs and other damages. The initial consultation with an experienced Bloomington vehicle accident lawyer is free, and we are not paid unless you receive compensation.

Below, we discuss some of the things you need to know about private property car crashes and your rights as a victim.

We are ready to take your call. Phone: (612) TSR-TIME.

Common Types of Private Property Car Crashes

There are many different types of car accidents that could happen on private property in Minnesota. These are some of the most common types:

Collisions Caused by Unsafe Road Conditions

Potholes and damaged roads can cause you to lose control of your vehicle, causing a crash with another vehicle or a fixed object, like a road sign, tree or construction barricade.

Crashes With Drivers Backing Out of Parking Spaces

There are many reasons why crashes happen in parking lots. One of the most common is reckless driving while a car is backing out of a parking space. For example, the driver of the car that is backing out may have failed to look before backing up. An accident may also be caused if the driver in the through lane attempts to pass another vehicle backing out of a parking space.

Crashes in Fields or Other Temporary Parking Areas

When you go to concerts, fairs or other events, you may need to park in a field which can be confusing in these locations. Drivers may not know where they are supposed to go, and they may be distracted while they are trying to figure it out.

Crashes on Gravel or Dirt Roads

It can be much harder to handle your vehicle on a gravel or dirt, as opposed to a paved roadway. Unfortunately, drivers may skid or lose control because they are either unfamiliar with driving on gravel or they failed to take precautions while driving on these types of roads.

Crashes in Parking Garages or Narrow Roadways

Parking garages often have narrow through lanes, which makes it hard to safely accommodate two-way traffic. This can make it hard to avoid a head-on collision with another car. Drivers often speed in parking garages, giving you less time to react to avoid a collision, particularly around blind corners.

What Are the Differences Between Collisions on Public and Private Property?

For the most part, private property car crashes are the same as car crashes that happen on public roads. Those involved may suffer injuries and they may also have vehicle damage that needs to be repaired.

That said, there are some key differences between public and private property crashes.

Speed of the Accident

Many private property collisions happen while vehicles are traveling at relatively slow speeds. This is partly because the speed limit on private property is lower than the speed limit on public roads. Drivers may be looking for a parking space or be unsure of where they are going, which often leads to traveling at a slower speed.

However, serious injuries can still occur in crashes that happen at slower speeds. You should never assume the pain or discomfort you feel will go away on its own. You should always seek medical care after a crash. You could be suffering from:

  • Damage to the soft tissues around your joints
  • Broken bones
  • Dislocated bones/joints
  • Whiplash
  • Traumatic brain injury, even if you never lost consciousness

Fault for the Crash

Drivers are often the ones held liable for vehicle crashes. However, sometimes other factors may play a role in a private property collision. If the condition of the road contributed to the collision, the property owner may be at fault.

Property owners have a duty of care to everyone who comes onto their property legally. Generally, property owners need to take reasonable action to avoid putting visitors in an unreasonable amount of danger. If it was reasonable to expect a road condition or other hazard to be fixed or blocked off, the property owner may be liable if the condition causes an accident.

For example, if your crash was caused by a blind corner in a parking garage, the property owner may be liable for the negligent design of the garage. If there were dangerous potholes on a private road and driving over one caused a crash, the property owner may be liable for failing to fill these holes.

Private property owners have the right to set the rules of the road. If they set the speed limit too high, they may be increasing the risk of a crash.

If there is a blind corner, it may be reasonable to put in a light that will blink when the road is clear. Without such a light, it may be almost impossible to judge if you have enough time to make the turn before approaching cars.

What Steps Should I Take After a Car Accident on Private Property?

You should take the same steps you would take after a crash on a public road or highway.

1. Call 9-1-1

Always call 9-1-1 after a crash. The officers investigating the crash will write a report which serves as one of the first official records of what happened. Without a police report the insurance company may say you were injured by something besides the crash. Even if you did not call the police while you were at the scene, you should call them after the fact.

The report contains the other driver’s insurance and contact information and may also contain the officer’s assessment of fault for the collision.

2. Exchange Information With the Other Driver

While you are waiting for the police to arrive, exchange information with the other driver, including:

  • Contact information
  • License plate number
  • Driver’s license number
  • Insurance information

It may be easier to simply take pictures of these documents.

Depending on where the collision occurred, the property owner may be nearby. If so, ask for this person’s contact information.

3. Gather Evidence at the Scene

Depending on the severity of your injuries, you may be able to collect evidence. For example, you could take pictures of both vehicles and record everything you recall from the crash. Make sure you are not putting yourself in harm’s way by staying out of the street and avoiding areas with passing traffic.

There may be security cameras that captured the collision. If you see any cameras, be sure to take pictures of them.

4. Go to the Hospital

It is a bad idea to wait to seek treatment. If you wait to seek treatment your injuries may worsen significantly. You are also making it harder to obtain compensation. Insurance companies may get suspicious about the gap between the crash and when you sought treatment and can use this timeline to bolster their case against you.

Why You Need an Experienced Attorney

There are numerous benefits to hiring an experienced attorney to help you with your car crash claim, including:

  • Comprehensively investigating what happened
  • Obtaining video footage of the collision if it exists
  • Determining if the property owner may be liable
  • Reviewing available insurance coverage
  • Negotiating with the insurance company for fair compensation
  • Filing a lawsuit, if necessary
  • And more

If you have any questions about the benefit of an experienced law firm after a car accident, we are available to answer your legal questions.

TSR Injury Law is Here to Help. Call Today

Car insurance companies are always looking for some way to get out of paying fair compensation to crash victims. That is why victims need experienced legal assistance.

TSR Injury Law has obtained more than $1 billion on behalf of our clients. We have successfully taken on powerful insurance companies and obtained favorable results for our clients.

No upfront fees or legal obligations. Call (612) TSR-TIME.

Minnesota Drivers Not Getting the Message About the Dangers of Distracted Driving

driver using phone while driving

April was Distracted Driving Awareness Month. All month long, law enforcement in Minnesota was striving to raise awareness about the dangers of distracted driving and the state’s hands-free law prohibiting texting and driving. There were more than 275 agencies in Minnesota taking part in these efforts.

However, despite the extra attention, and four people dying in distracted driving crashes earlier this year, more than 3,400 drivers were ticketed for distracted driving in April.

Below, TSR Injury Law discusses the risks of distracted driving, along with Minnesota’s hands-free law and the penalties for violating it. If you were injured in a distracted driving crash, our Minneapolis vehicle crash lawyers are ready to help you seek compensation for your medical costs and other damages.

Call today. There are no upfront fees. (612) TSR-TIME.

Alarming Statistics on Distracted Driving in Minnesota

Mike Hanson, the director of the Minnesota Department of Public Safety’s Office of Traffic Safety, says it is “mind-blowing” that drivers do not understand why they should not be distracted behind the wheel. Drivers need to be focused on the road, not their phones, food or personal grooming, according to Hanson.

Distractions put drivers at much greater risk of a crash with another vehicle, and the results of these collisions can be devastating. In 2022 alone, 22 people died and there were 126 injuries attributed to distracted driving collisions in Minnesota.

Distracted driving is not just dangerous, some forms of it are illegal in Minnesota. Starting August 1, 2019, it became illegal to hold your phone or other electronic devices while you are driving. You are allowed to use your phone to make a call, send a text, listen to podcasts or music, or to get directions. However, this is only legal if you do so with voice commands or by activating the device with one touch.

The first distracted driving offense comes with a $120 fine. The second offense and subsequent offenses come with a $300 fine. You will also be responsible for paying court fees.

While distracted driving was a factor in one of every 11 car crashes in Minnesota between 2018 and 2022, the news is not all bad. In 2022, the number of deaths and serious injuries from distracted driving crashes hit their lowest levels since the hands-free law was passed in 2019.

What Are the Risks of Distracted Driving?

Distracted driving means operating your vehicle while your attention is diverted from the task of driving. Common examples of distracted driving activities include:

  • Texting
  • Personal grooming
  • Conversations with passengers
  • Eating

There are three main types of distracted driving:

  • Cognitive distractions – A cognitive distraction is one that affects your concentration while you are behind the wheel. For example, talking on the phone or texting are examples of things that divert your concentration from driving. Even if you are not looking at your phone, your brain is focused on the conversation. Your brain can only focus on so many things at a time, which is why cognitive distractions are so dangerous. Other examples of cognitive distractions can include thinking about something that stresses you out or simply being excited about where you are going.
  • Visual distractions – Visual distractions are things that take your eyes off the road. For example, you may look away from the road to adjust the air conditioning or the radio. Other common examples may include talking to your child in the back seat or watching a weck on the side of the road while driving by.
  • Physical distractions – These are distractions that result in the driver taking one or both hands off the wheel. Some examples include taking your hands off the wheel to eat or drink, or simply grabbing a dropped toy or device for a child.

Many distractions fall under all three categories. For example, texting takes one hand off the wheel, while also taking your eyes off the road and your mind off the task of being a safe driver.

The problem with distracted driving is that it makes it harder to operate your vehicle safely and avoid a collision. For example, if you look down at your phone for just five seconds while traveling at 55 miles per hour, you will have traveled the length of a football field. This dramatically increases the risk of a crash.

Texting and driving is often a contributing factor in rear-end collisions. Drivers are looking away from the road and when they look back, they are unable to stop before crashing into the back of the car in front of them. If they were paying attention, they would have been more likely to notice the stopped car in time to slow down and avoid a crash.

Distractions like conversations with passengers or anxiety about something going on in your life might not pull your eyes away from the road. However, your lack of concentration could result in speeding, a failure to stay in a lane, or failure to use a turn signal.

While many drivers say they understand the dangers of being distracted, they continue to engage in distracted driving behaviors. Many people are unaware of how long they are not focused while driving.

Call TSR Injury Law to Discuss Legal Options After a Crash

If you were injured or lost a loved one because another driver was distracted, our experienced lawyers may be able to help you seek compensation. Our firm has decades of experience helping Minnesota crash victims recover the compensation they need.

There are no upfront costs or fees with our services. The initial consultation is also free of charge. If we do not recover compensation, we do not get paid.

TSR Injury Law. Experienced Lawyers. Proven Results. Call (612) TSR-TIME.

Illegally Parked Car Crashes: What You Need to Know About Filing a Claim in Minnesota

no parking sign on poleIf one of the vehicles involved in a car crash was parked, the driver of the other vehicle is most likely at fault. The situation could become more complicated if the car that got hit was illegally parked.

Is it possible for the driver who illegally parked the vehicle to be found partially at fault? What if the parked vehicle was hard to see?

Victims of illegally parked car crashes who were injured may be able to file claims for compensation. If you have questions after a Minnesota car crash, contact TSR Injury Law’s Minneapolis vehicle accident lawyers. We can discuss legal options and we have the resources and experience to guide you through the legal process.

TSR Injury Law. No upfront fees. Call (612) TSR-TIME.

What is the Definition of an Illegally Parked Vehicle in Minnesota?

An illegally parked vehicle is one that is parked in violation of state law. Under Section 169.34 of Minnesota Statutes, it is illegal to park a vehicle in any of the locations listed below:

  • Sidewalk
  • In an intersection
  • In a crosswalk
  • At the front of a driveway, whether public or private
  • Within 10 feet of a fire hydrant
  • Within 20 feet from a crosswalk at an intersection
  • Within 30 feet of a flashing beacon, stop sign or other traffic-control signal on the side of the road
  • On any elevated structure on a highway (bridge) or in a tunnel, unless the law says otherwise
  • Within 50 feet of railroad crossings
  • In a bicycle lane, unless a sign permits parking
  • Anywhere that signs prohibit parking
  • Next to a vehicle that is stopped or parked at the curb or street’s edge
  • Next to an excavation of the street or any obstruction if your vehicle would obstruct traffic or cause traffic to stop
  • Less than 20 feet from an entrance to a fire station or on the side of any street within 75 feet of the entrance
  • Between an adjacent curb and a safety zone; inside of 30 points from the curb that is opposite the end of the safety zone

The only time parking in any of these locations may be legal is if it is necessary to avoid other traffic, or you are being directed to park in these locations by the police or a traffic control device.

Parking in any of these locations is not only illegal, but it can also increase the risk of another car hitting yours. Parking rules are meant to prevent you from getting into a crash and prevent passing cars from hitting yours.

A crash with a parked car could cause serious injuries. Even though the other car was not moving, you may have been going fast enough to cause extensive damage. Even at 20 mph, you could suffer a serious injury that creates significant medical bills. For example, your head could whip forward, causing whiplash. You could also suffer other soft-tissue injuries such as sprains and contusions. This is why it is so important for drivers to only park or stop their vehicles where the law allows.

Who is at Fault for an Illegally Parked Car Crash in Minnesota?

Typically, if a crash involves one vehicle that was stopped and another that was in motion, the driver of the car that was moving is likely going to be held liable. However, the situation is more complicated when one of the vehicles was parked illegally.

In these situations, one of the most important questions is whether you could have avoided a collision with the parked vehicle. If the crash happened in the daytime and the other car was clearly visible, it would be difficult to hold the other driver at fault.

Even if another driver does something illegal, you may have time to slow down, stop or change lanes to avoid a crash. If it was reasonable for you to take steps to avoid a collision and you did not, the crash may be your fault. If you are unable to avoid a collision because you were distracted or speeding, you are probably the at-fault party.

However, if you were on a dark street at night and it was hard to see a double-parked vehicle, it may have been much harder for you to avoid a crash. For example, if you were coming around a blind corner and a vehicle was stopped in the middle of the road or halfway in the road and another car is coming in the other direction, you might be unable to slow down or stop to prevent a crash.

Another example would be a collision in a roundabout, particularly if the crash happened at night. Sometimes it is difficult to see around the curve of a roundabout because of landscaping in the middle. If a car is stopped, you might not see it until you are right up behind it and a collision may be unavoidable.

If a driver’s car stops running for some reason and the driver stops the car in the middle of the road, without turning on his or her hazard lights, that driver might be partially at fault for a collision with a passing vehicle.

What if I Was in the Parked Vehicle?

Even though you broke the law by parking where you did, another driver may be the sole party at fault for the collision. You may be able to seek compensation from that driver’s liability insurance policy. The other driver that hit you may have been negligent for hitting your car, especially if they were driving reckless, or under the influence of drugs and alcohol.

Illegally parked car crash cases can be complex, which is why you should discuss the situation with an experienced attorney.

What Happens if the Other Driver is Partially at Fault?

In Minnesota, you are responsible for the percentage of damages that corresponds to your percentage of fault for a collision. In other words, if you are found to be 20 percent at fault, you can only recover 80 percent of the cost of your damages. State law also prohibits you from recovering compensation if you are more at fault than the other party involved in the claim.

What this means for a crash with an illegally parked vehicle is you could only recover compensation in a liability claim if your percentage of fault was less than the other driver’s percentage of fault. Any percentage of fault you bear will be deducted from compensation you recover.

Filing a Claim After a Crash With an Illegally Parked Car

Even if you cannot file a liability claim against the driver of the parked car, you should be able to file a no-fault claim with your own insurance company. Minnesota is a no-fault state, which means drivers are required to purchase personal injury protection insurance. This type of insurance covers medical expenses and other damages no matter who is at fault for a crash.

What to Do After an Illegally Parked Car Crash

You should move your vehicle out of the flow of traffic. If it was hard for you to avoid a crash, it may be hard for other drivers to avoid one as well.

It is illegal to leave the scene of a car crash. If you hit a parked car and the owner is not there, you should leave a note on the parked car. The note should include your contact information, insurance information and other information you would exchange with the driver if he or she was there.

It is also understandable to expect you to make a reasonable effort to find the driver. If anyone else is there, ask if they know the driver or how to contact him or her.

If you were injured, you should call 9-1-1. They will most likely send a police officer to the scene to investigate and complete a report as well as an ambulance for medical evaluation.

While you wait for the police to arrive, you can try to collect evidence. This could include pictures of the damage to both of your vehicles. You can also photograph the location and damage created by the crash, such as skid marks or debris. That said, be cautious. You do not want to be walking around in an open lane of traffic and risk getting hit by a passing car.

Call to Discuss Your Car Crash

Many car crash victims think they do not need an attorney. They assume they can file an insurance claim on their own and get the compensation they need.

However, your injuries could be worse than you think. Insurance companies routinely try to underpay claims, even if victims were seriously injured.

TSR Injury Law has been taking on insurance companies for decades. Our attorneys have secured millions for crash victims and our services come with no upfront fees.

We are ready to help you seek compensation. Call (612) TSR-TIME.

Can You File a Personal Injury Lawsuit That Includes Damages For Scarring and Disfigurement?

psychologist doing assessment of patientSome personal injuries will affect victims for the rest of their lives. In addition to physical disabilities, victims may also be left with permanent scarring or disfigurement.

Having a permanent scar can cause depression, anxiety and other mental health issues as victims try to cope with their new physical appearance.

Disfigurement or scarring can also affect the victim’s willingness to enter social situations, which can affect quality of life.

If you or your loved one suffered permanent scarring or disfigurement because of another’s negligence, contact TSR Injury Law today. Our Minneapolis personal injury lawyers may be able to help you seek compensation. Our firm has a history of results, having secured more than $1 billion for our clients.

Have questions after an injury? Call us: (612) TSR-TIME.

What Types of Incidents Can Cause Scarring and Disfigurement?

There are many types of accidents that could result in permanent scarring or disfigurement.

Car and Truck Crashes

Broken glass and sharp metal can cause deep cuts called lacerations. Victims often have scars from the injury and usually from the surgery as well.

If the crash causes an explosion or a fire starts, victims could suffer severe burns. This tends to be more likely if the victim happens to get trapped in the vehicle during the accident. This could happen if your leg gets pinned under the dashboard or the damage to your vehicle is so severe you cannot open your door.

Permanent injuries are more likely to happen in a commercial truck crash. The force of impact during these collisions is so powerful, passenger vehicles don’t stand much of a chance. This could result in amputations and severe crush injuries.

Dog Bites

Dog attacks can cause serious, even life-threatening injuries. While immediate treatment may prevent serious consequences, victims may be permanently scarred from a bite.

Fires and Explosions

If you are in another person’s property and a fire breaks out, you could be severely burned and need skin grafts. If it is possible the fire started due to the negligence of the property owner, you could be entitled to compensation.

Defective Product Incidents

We trust product designers and manufacturers to produce safe products that do not carry an unreasonable risk of injury. However, manufacturers and designers often fail to uphold this legal duty and consumers can suffer severe injuries as a result.

Falls and Other Accidents on Another’s Property

Slip and fall accidents are serious situations that often result in severe injuries. If you fall from high off the ground, you could suffer puncture wounds and severe fractures. As doctors treat the injury, permanent scarring may follow.

What are the Types of Scarring You Could Suffer in an Accident?

Scars develop when the skin is damaged, either from an injury or because of surgery. Minor scars may not leave a permanent mark, but anything more serious is sure to remain on your body for a long period of time.

There are three main types of scars that remain on the body after the underlying injury has healed.


These are dark, round scars that could inhibit movement in part of the body where they are located. It is sometimes possible to freeze the scar with liquid nitrogen and it will scab up and flake off. In more serious cases, surgery may be necessary. Doctors may also recommend steroids. Keloids commonly affect those who have a darker complexion.

Contracture Scars

These are scars that are usually associated with a burn injury. These scars form as the skin comes together and can affect your mobility. It is also possible for a contracture scar to affect muscle tissue and nerves.

Hypertrophic Scars

These are red, thick scars that protrude above the skin. Keloids are often more difficult to treat than hypertrophic scars.

What is Disfigurement?

Scarring is just one aspect of disfigurement. Any scar, deformity or blemish that changes your appearance could be classified as a disfiguring injury. A severe burn injury, particularly to your face or another body part that is hard to cover up would be considered a disfiguring injury.

Disfigurement also includes the loss of a limb or an unusually shaped body part. While doctors can provide treatment to save the victim’s life, they may not be able to prevent the formation of scars and changes to the victim’s appearance.

Changes in your appearance that you cannot fix can lead to a variety of psychological and emotional troubles. People may develop a negative body image, develop low self-esteem, hide from other people, and suffer with depression and anxiety. These changes can also affect your ability to work.

Disfigurement creates a permanent physical reminder of the trauma you went through. This can cause prolonged emotional problems that can be difficult to manage.

Documenting Damages Caused by Scarring and Disfigurement

One of the challenges of recovering compensation for scarring and disfigurement is proving the value of your damages. Much of the damage from scarring and disfigurement is emotional and hard to place a value on.

Your attorney will need to work with you to gather strong evidence to prove your claim. Some of the evidence that may be used could include the following:

  • Medical records and bills showing the extent of your injury and the cost of treating it
  • Treatment notes from mental health professionals who have provided counseling
  • Cosmetic surgery records, if you chose to get surgery to try to fix the damage
  • Pictures of the injury
  • Journal entries from the victim in which he or she explains the psychological toll of the injury
  • Testimony from friends and family members about how you have changed since the injury
  • And more

What is the Value of a Scarring and Disfigurement Claim?

Your lawyer may be able to seek compensation for the following damages:

  • Cost of the initial treatment of your injury
  • Pain and suffering
  • Lost enjoyment of life
  • Loss of companionship
  • Bills for cosmetic surgery
  • Compensation for mental health counseling
  • And more

The value of the case is going to depend on numerous factors, including:

  • Location of the scar – A scar on your face, neck or hands is probably going to have a higher value than a scar on another body part.
  • Documentation about the change in quality of life – If the scarring or disfigurement affects your mobility you may have more trouble completing daily tasks you used to do.
  • Whether you are a man or woman – While each case is different, scarring may be viewed as a more significant injury for a woman than for a man.
  • Visibility of the scar – If the scar can be easily hidden under clothing, it may be harder to claim significant compensation.
  • Victim’s age – The younger you are, the more your claim for scarring and disfigurement is likely to be worth. Although the injury is still significant no matter how old you are, it is going to be harder to recover significant compensation if you are older. This is especially true if you are retired or close to retirement.

Were You Seriously Injured by Another’s Negligence? Call TSR

Our attorneys have been helping injured victims for decades, securing favorable compensation through settlement negotiations and in the courtroom. We know you probably have many questions, and we are here to help.

Our services are provided on contingency, which means there are no upfront fees. We do not get paid unless we recover compensation on your behalf.

TSR Injury Law. Experienced. Local. Lawyers. Call (612) TSR-TIME.