Man with Permanent Disfigurement Wins His Case: Kelly’s Story
- January 3, 2022
Injuries almost always follow a serious car accident. These crashes can result in long-lasting and life-altering injuries, and they don’t have to be physically debilitating to be costly.
Kelly experienced a car accident injury that was not only painful, but also permanently changed his appearance. Because the accident was no fault of his own, we knew Kelly deserved fair compensation for what he endured.
This is Kelly’s story, and also the story of how The Brown Firm helped him get what he deserved after a negligent driver changed his life.
I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.
A Sudden Collision Sets Off Airbags and Causes Serious Injuries
On a December afternoon, Kelly was driving his pickup along with the pace of traffic when a car suddenly pulled out from a side road to his right. Kelly barely had time to see the car, let alone stop before hitting it.
The collision sent both vehicles off in opposite directions, with Kelly landing in the roadside ditch. All of his airbags deployed, and the impact was so severe that he couldn’t give the police a statement at the scene.
At the hospital, Kelly reported significant pain in his chest and sternum, and the doctors discovered that his breastbone was, in fact, fractured. Unfortunately, the best plan for this kind of break is rest and pain management, which meant Kelly would be laid up, possibly for weeks.
Over the next few months, Kelly experienced a great deal of pain simply by being alive. So many things hurt his chest, from a raised heart rate after going up the stairs to deep breaths to rolling over in bed. He couldn’t lift things above his waist or move his arms from side to side without extreme pain. In addition to the chest pain, Kelly had neck and back pain from whiplash.
While all of this was difficult, and warranted compensation from the at-fault driver, the pain itself wasn’t what made Kelly’s case unique.
Kelly Suffers From Daily Pain and Visible Scar Tissue
Pain is often thought of as an “invisible” injury, something that greatly impacts a person’s life but isn’t always outwardly apparent to anyone else. For Kelly, the pain manifested in a visibly obvious way.
About 10 days after the car accident itself, Kelly developed a nodule of scar tissue on his chest, right over his sternum. The nodule was more than two inches wide and incredibly tender to the touch. While the nodule wasn’t debilitating, it did change the appearance of Kelly’s body, and by no choice or fault of his own.
Because of the breastbone fracture, treatment options for Kelly’s whiplash and the scar tissue were quite limited. He spoke to a chiropractor, but that provider wasn’t willing to apply any pressure or manipulate joints until the break was fully healed, a process which could take months. Once again, Kelly was told that rest and time were the best treatment options.
But even that rest and time weren’t likely to get rid of the scar tissue nodule on his chest.
RELATED: Winning for an Injured Passenger with Compassion and Persistence: Jaclyn’s Story
The Brown Firm Demands Compensation Due to Permanent Disfigurement
Liability was not in question in this case. Kelly clearly had the right of way and didn’t share any fault for the accident. The challenges came in ensuring Kelly got a fair amount of compensation—not only for the injuries, daily pain, and missed work, but for the change to his body, both in comfort and appearance.
The Brown Firm argued that Kelly had a possible permanent visible disfigurement. While a permanent disfigurement doesn’t necessarily prevent someone from living a full life, it isn’t a way they chose to alter their body. The impacts can be emotional, mental, and physical, and the responsible party should pay for what that takes away.
In the end, we were able to secure the insurance policy limits for Kelly, making it easier for him to rebuild and move on with his life.
Ready to Talk to a Lawyer Who Has Your Back?
When an Accident Changes Your Life, Call The Brown Firm
We hope you never get into a serious accident that upends your life. But if it does happen, The Brown Firm is here to listen to your story and help you find a way forward.
Our approach is compassionate, and our mission is to protect the injured. We begin every case with a free consultation where we can get to know you and your case a bit better. To set yours up today, call us 24/7 at (800) 529-1441 or use the easy contact form on our website.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild. We serve all of Georgia and South Carolina from four conveniently located offices in Savannah, Atlanta, Athens, and Okatie.
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