Advice On Claiming Facial Scar Injury Compensation

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Facial Scar Compensation Claims

By Danielle Jordan. Last Updated 5th October 2023. In this guide, we talk about how facial scar compensation claims work. We’ll also clarify when it may be possible to start such claims.

Facial scars may be considered ‘secondary injuries’, as scars can arise due to the likes of plastic surgery going awry. However, for some people, their facial scars result from malicious attacks, road traffic accidents, or coming into contact with hazardous substances. If a third party breached their duty of care in any of these circumstances, which led to your injury, you could seek compensation.

facial scar compensation claims

Facial scar compensation claims

Find out more about claiming facial scar compensation in this guide and by getting in contact us with by these methods:

Select a section:

  1. What Is A Facial Scar?
  2. Can I Claim Facial Scar Compensation?
  3. What To Do If You Suffer From Facial Scarring Due To An Accident
  4. What Can Be Claimed For After An Accident Causing Facial Scarring?
  5. Scar Compensation Amounts
  6. No Win No Fee Facial Scar Claims

What Is A Facial Scar?

Face scars can be the remnants of either surgery gone wrong (especially if it has been performed badly) or can result from some kind of accident that has left an unsightly mark on the face.

Typically, facial scars do not physically prohibit an individual from working. However, the scarring can have a considerable emotional and psychological impact on the individual. If the scarring has occurred due to negligence on the part of another person, this could be grounds for facial scar compensation claims.

Can I Claim Facial Scar Compensation?

In order to be eligible to make a claim for facial scar compensation, you must be able to meet certain criteria that prove negligence has occurred. Road users, employers and occupiers of public spaces all owe a duty of care. This is outlined in three key health and safety legislation: The Road Traffic Act 1988 places a duty of care on all road users for them to drive with in a manner that does not cause harm to themselves and others. The Health and Safety At Work etc Act 1974 places a responsibility on all employers to take reasonably practicable steps to keep you safe while carrying out work duties, and the Occupiers’ Liability Act 1987 asks controllers of public spaces to take steps to ensure the reasonable safety of members of the public.

A personal injury claim for facial scars can be made when a third party, such as those mentioned above, fails to adhere to health and safety legislation and breach this duty of care. In order to make a claim after suffering facial scarring, you need to meet the following criteria:

  • Firstly, you were owed a duty of care by a third party, and
  • This duty of care was breached, and also
  • As a consequence, you suffered a scar injury.

How Long Do I Have To Claim Facial Scar Compensation?

If you meet the eligibility criteria to make a claim for facial scar compensation, you will need to ensure that you start proceedings within the relevant time limit. The Limitation Act 1980 states that you will have three years to start your claim from the date you were injured.

However, there may be some exceptions to this limitation period. For example, if a minor was injured and suffered a facial scar in an accident, the time limit would be paused until they turn 18. Prior to this date, a litigation friend could be appointed by the court to make a claim on the child’s behalf. A litigation friend is someone who will act in the child’s best interests and could be a parent, relative or solicitor, for example. If a claim has not been made on their behalf by their 18th birthday, the time limit will begin again and run until they turn 21.

To find out what the other exceptions to this three-year limitation period are, you can contact our advisors. They can also help answer questions such as, ‘Can I sue for a scar injury I suffered in an accident?’

What To Do If You Suffer From Facial Scarring Due To An Accident

As we discussed above, you might be eligible to claim compensation for a scar on the face if you can prove that your injuries occurred due to a breach in a duty of care owed to you and you are within the limitation period.

Gathering sufficient evidence could help support you with your personal injury claim. Some examples of the evidence you could collect include:

  • The contact details of anyone who witnessed the accident that caused your facial scarring.
  • Photographs of the scars you have suffered and the accident scene.
  • A copy of your medical records, confirming your injuries and the treatment you have and will need for them.
  • Any video footage that captured the accident taking place, such as CCTV footage.
  • Evidence of any financial losses you have suffered, e.g. a wage slip, could help with proving a loss of earnings.

If you instruct a solicitor to work on your case, they could assist you with gathering the evidence you need.

If you would like to find out if you are eligible to seek facial scarring compensation with the support of one of our solicitors, speak with an advisor for a free claim assessment.

What Can Be Claimed For After An Accident Causing Facial Scarring?

There are many expenses, costs, and damages you can claim as part of your facial scar compensation claims. We’ve listed some of these below.

General Damages

These are awarded for the scarring you have received, along with the mental and emotional anguish you may have experienced due to your injuries.

Special Damages

This sum is paid to you to reimburse you for any costs or losses experienced as a result of your injuries. Some examples include.

  • Medical bills – for any medication, equipment, further surgery or additional treatment that wasn’t available on the NHS.
  • Loss of earnings – for any income lost as a result of missed work due to an accident or injury.
  • Travel expenses – for any travelling that was required. For example, if you had to fly to another city to see a specialist doctor.

It is important to document all of your expenses to have the best chance of claiming them back by filing your claim.

Scar Compensation Amounts

When calculating permanent injury settlement amounts, or permanent scar compensation, solicitors can use the Judicial College Guidelines (JCG). The 16th edition, updated in April 2022, features compensation amounts based on settlements awarded in previous personal injury claims.

It’s worth noting that the JCG also includes figures relating to psychological injuries. For example, if you are in a car accident, a scar or disfigurement could result in you suffering symptoms of an anxiety disorder.

The figures included below are influenced by a number of factors, including:

  • The severity of the injury
  • The impact the injury has on you
  • Whether or not you have suffered a loss of amenity
Edit
Injury Severity Notes Amount
PTSD Severe Permanent effects will prevent the person from working or function the same as pre-trauma. £59,860 to £100,670
PTSD Moderately Severe Some recovery is possible with professional help, but they will still suffer with a significant disability for a while. £23,150 to £59,860
PTSD Moderate Effects of injury does not cause serious disability and the person will have made a large recovery.

£8,180 to £23,150
PTSD Less Severe A virtually complete recovery will have been made within 1-2 years. £3,950 to £8,180
Face Very severe Typically for cases where the claimant is in their teens to early 30s and there is a very disfiguring cosmetic effect. £29,780 to £97,330
Face Less severe A substantial facial disfigurement and significant psychological reaction. £17,960 to £48,420
Face Significant Worst effects reduced by plastic surgery. £9,110 to £30,090
Face Less Significant One scar, or several small ones that can be camouflaged. £3,950 to £13,740
Face Trivial Only minor effects. £1,710 to £3,530

Whilst the table above can give you an idea of what general damages you may be awarded, the final settlement figure you could receive will also take into account any special damages. Our solicitors can assess all aspects of your claim to give you a more realistic estimate of the permanent scar compensation you could be awarded.

No Win No Fee Facial Scar Claims

We understand how filing a claim can be burdensome for people whose income and financial security have been affected by their injuries. That is why we offer a ‘No Win No Fee’ agreement, or a Conditional Fee Agreement (CFA), that can help to ease the worries of individuals concerned about the process.

When battling for face injury compensation, it allows you to work with our fantastic team of legal experts without the need to worry about the monetary risk. If the facial scar compensation case is successful, we can take our costs from the final settlement. If it is not successful, we will not. This ‘No Win No Fee’ approach is part of our commitment to offering dependable, ethical, and reliable legal assistance to any prospective clients.

Call for Free Advice and To Start a Claim

If you want to take action, you can contact our team for advice and support. We offer a free consultation to help you decide the best options to take regarding your compensation claim. Feel free to contact one of our solicitors, either using the live chat on your screen, filling out an online contact form, or calling 0800 073 8804. We look forward to hearing from you.

Helpful Links On Facial Scar Compensation

Criminal injury compensation – a guide

A government guide on claiming compensation if you’ve suffered facial scarring as the result of a crime.

Accident At Work Compensation Claims

Have you had an accident at work that has caused a scar injury? Find out how much compensation you can claim, contact us today for free legal advice.

Other Personal Injury Claims Guides

You’re welcome to contact Legal Expert if you still have any questions about facial scar compensation claims. You can speak to our advisors by using the contact details included within this guide.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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