Nate has been left with permanent facial scars and indentations on both sides of his face.
These are injuries that will likely require future surgeries. You can review Dr. Asaf Young’s note,
which details this board-certified plastic surgeon’s opinions about the permanency of the scarring
and likelihood of future surgical intervention. Dr. Young has an excellent vantage point with
respect to evaluating the injuries since it has been more than two months since the attack.
Nate’s scars will never go away and will be an ever-present reminder of this attack. I have
provided you with photos of the injuries to both sides of his face. I understand that you are a
seasoned claims adjuster who is accustomed to seeing terrible injuries. However, on Nate’s
behalf, I ask that you take a few minutes to contemplate the life-changing effect that these scars
will have on Nate for decades to come.
• They are facial scars, not wounds to the legs, arms, or back which can be covered
up. No matter the time of year, no matter the circumstance, no matter his age,
these facial scars will be noticed by everyone who ever sees, talks with, or
interacts with Nate.
• Nate’s facial scars will be present in family photos, in school photos, and in his
wedding photos.
• For the next seventy-five years, Nate will answer questions from classmates,
teachers, friends, girlfriends, co-workers, and strangers about how his face was
injured, where his scars came from, and countless other similar inquiries.
Next, this attack has multiple psychological components as well. First, Nate is
unfortunately old enough to remember the attack. Unlike a two year old who will grow up absent
a memory of the event that led to his scars, Nate will forever associate his injuries with the attack
at issue. In fact, the EMS records document that Nate knew that the dog was trying to bite into
his throat. That memory, and countless others related to this incident, will endure.
Moreover, almost every house that Nate visits, whether family or friend, has a dog.
Therefore, Nate is constantly placed in the position of having to confront his newfound fear of
dogs. It is very difficult to travel outside of one’s home without routinely encountering dogs. In
fact, one recent example of the lingering emotional effects of this attack occurred a few weeks
ago at Nate’s school bus stop. A parent brought her golden retriever to the bus stop. Upon seeing
Nate’s reaction to the dog, some of the children began making fun of him and pointing out that
he was scared of dogs. This is one of what will likely be countless similar stories. Every juror
seated in this case will be asking himself or herself—what if Nate was my child?
Further, as I am sure you are aware, the medical literature is replete with studies about the
psychological harm that scarring (particularly on the face) does to a child. Some, among many,
examples are as follows:
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