Can Facial Injuries from a Crash Be Included in My NJ Injury Claim?

A car accident can change your life in an instant. Among the many injuries victims suffer, facial trauma is particularly devastating—not just physically but emotionally and financially. If you have sustained facial injuries in a car crash in New Jersey, you may be wondering: Can I include these injuries in my personal injury claim?

The short answer is yes. New Jersey law allows car accident victims to seek compensation for facial injuries, including medical expenses, lost income, pain and suffering, and permanent disfigurement. However, the process can be complex, and insurance companies may undervalue your claim. Understanding your rights under NJ law is essential.

Common Types of Facial Injuries in Car Accidents

Facial injuries can range from minor lacerations to severe, life-altering trauma. Some of the most common types include:

• Facial Fractures – Broken jaw, orbital fractures (eye socket), and maxillary fractures (midface) may require surgery and can lead to long-term complications.
  
• Soft Tissue Damage – Severe cuts, deep lacerations, and torn muscles can result in permanent scarring and nerve damage.
  
• Burns and Chemical Exposure – Fires, airbag deployment, or exposure to chemicals in a crash can cause painful and disfiguring burns.
  
• Dental Injuries – Cracked, broken, or knocked-out teeth often require extensive dental work.
  
• Nerve Damage – Injuries to the facial nerves can lead to paralysis, loss of sensation, or difficulty making facial expressions.

Facial injuries not only impact a victim’s physical health but also their mental well-being. Visible scars, asymmetry, or functional limitations can lead to a loss of confidence, depression, or social withdrawal. Victims often require not just medical treatment but also psychological support and therapy to cope with the trauma.

How New Jersey Law Handles Facial Injury Claims

New Jersey follows a no-fault car insurance system, meaning your own Personal Injury Protection (PIP) insurance covers medical expenses up to your policy limit, regardless of who caused the crash. However, if your injuries are severe—such as permanent scarring or disfigurement—you may step outside the no-fault system and file a lawsuit against the at-fault driver.

Key NJ Laws Affecting Your Claim:

• Statute of Limitations – You have two years from the date of the accident to file a personal injury lawsuit (N.J. Stat. §2A:14-2). Missing this deadline means losing the right to seek compensation.
  
• Comparative Negligence Rule – If you are found partially at fault for the crash, your compensation may be reduced by your percentage of fault (N.J. Stat. §2A:15-5.1). For instance, if you are deemed 20% responsible for the accident, your settlement would be reduced by 20%.
  
• Serious Injury Threshold – If you have a standard auto insurance policy with a “limited right to sue” clause, you can only sue for non-economic damages if you suffer permanent disfigurement, significant scarring, or fractures (N.J.S.A. 39:6A-8). This law is crucial for victims with severe facial injuries seeking compensation beyond medical bills.

Can I Include Damages for Facial Injuries in a Car Crash Claim?

Yes, you can seek compensation beyond medical expenses if your facial injuries meet New Jersey’s serious injury threshold. Potential damages you may recover include:

• Medical Expenses – Emergency treatment, reconstructive surgery, follow-up care, and rehabilitation costs.
  
• Lost Wages – If your injuries prevent you from working, you can recover compensation for lost income.
  
• Pain and Suffering – Compensation for the emotional distress, trauma, and diminished quality of life resulting from facial injuries.
  
• Disfigurement and Scarring – Courts recognize the psychological toll of permanent facial scars, especially in visible areas like the face.
  
• Future Medical Costs—If you require future surgeries, ongoing therapy, or cosmetic procedures, these costs can be included in your claim.

Victims should also consider how their facial injuries impact their professional and personal lives. A person in a client-facing job—such as sales, media, or hospitality—may experience more significant career setbacks due to visible facial scarring. In such cases, the claim may include compensation for lost earning capacity.

Hire a Professional Car Accident Lawyer

Facial injury claims can be challenging to prove, especially when negotiating with insurance companies that often downplay the severity of disfigurement or long-term impact. A skilled New Jersey personal injury attorney can:

• Gather medical records and expert testimony to establish the severity of your injuries.
• Calculate the full extent of your current and future financial losses.
• Negotiate with insurance companies to secure fair compensation.
• Represent you in court if a fair settlement is not offered.

At Rosengard Law Group, we are committed to fighting for the rights of car accident victims. Contact us for a free consultation if you or a loved one has suffered facial injuries in a crash. We work on a contingency fee basis, meaning you pay nothing unless we win your case.

Many victims delay contacting an attorney, fearing the legal process is too complicated or costly. However, waiting can hurt your claim. Evidence fades, witnesses become more difficult to locate, and insurance companies use delays to their advantage. The sooner you seek legal guidance, the stronger your case will be.

Call us today at (856) 284-6446 or visit RosengardLaw.com to schedule your consultation.