If you have been scarred or disfigured in an accident that was not your fault, you could be owed compensation. In some cases, your injury could leave temporary or even permanent scarring, which could result in psychological injuries as well. In this guide, we discuss how to claim permanent scar compensation.
We look at what scarring is, with examples of different types of scars. Additionally, we explain when you could claim for permanent scarring. This is illustrated with examples of what accidents could result in severe scarring. In addition we also look at what steps you could take to support a scarring claim.
This guide also provides a look at how compensation may be awarded for permanent scar injuries. Finally, we look at how to claim with the support of a No Win No Fee solicitor.
If you have any questions about personal injury claims, speak to a member of our advisory team. They can also advise on how a No Win No Fee solicitor from our panel could help you by:
- Calling an advisor on 0800 408 7825
- Fill out our ‘contact us’ form.
- Use our online live chat.
Select A Section
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- What Is Scarring?
- Can You Claim Permanent Scar Compensation?
- What Type Of Accidents Can Cause Severe Scarring?
- What Could You Do If You’ve Suffered A Permanent Scar Injury?
- How Much Permanent Scar Compensation Could You Receive?
- How Do You Start A No Win No Fee Claim For Permanent Scars?
- Read More About How To Make A Personal Injury Compensation Claim
What Is Scarring?
According to the NHS, scars are marks on the skin where an injury or wound has healed. Scars may be caused by a laceration injury or penetrating wounds. Whilst you can not fully get rid of a scar, in most cases they will fade over time.
The NHS identifies five different types of scars. These are:
- Keloid scars: these are raised, as well as smooth and hard. It will be larger than the original injury and the scarred area may be difficult to move and uncomfortable. They will need treatment to fade or flatten.
- Hypertrophic scars: they are firm and raised. The area will be uncomfortable and will be difficult to move. With time it will flatten and fade.
- Atrophic scars: these may be small, deep holes in the skin. They could look like a sunken mark or deep pore. They could be caused by chickenpox or acne.
- Fine line scarring: these scars may start out raised, but over time they will fade and flatten. They will not need specific treatment.
- Contracture scars: usually caused by a burn injury, this scar may feel tight and painful to move.
You can learn more about scar management and treatment in this NHS resource. For help claiming compensation for permanent scarring, please contact our team.
Can You Claim Permanent Scar Compensation?
To make a claim for permanent scar compensation, you will need to show that your injuries occurred due to a breach in a duty of care that a third party owed to you. A duty of care is a legal obligation that is placed on organisations or individuals to take proper care to avoid causing foreseeable harm. You may suffer a permanent scar in:
- An accident at work.
- An accident in a public place.
- A road traffic accident.
- Due to medical negligence.
Below, we briefly look at when you could claim for each of these types of accidents.
Accidents At Work
Under The Health and Safety at Work etc Act 1974, employers have a duty of care to ensure your health and safety in the workplace. They must take reasonable steps to keep you safe in the workplace, including adhering to any relevant health and safety laws. If your employer fails to do so and you sustain an injury as a result, you could be eligible to make an accident at work claim.
For example, you could sustain chemical burns to your hands, causing permanent scars, if your employer fails to provide appropriate personal protective equipment (PPE).
Accidents In Public Places
Under the Occupiers’ Liability Act 1957, those who are in charge of a public space (the occupier) owe members of the public a duty of care to ensure that the space is safe for people to use. This may include ensuring stairways are properly lit and floors are well maintained. If an occupier fails to ensure the space is safe for its intended purpose, and you sustain an injury as a result, you could make a public liability claim.
For example, a mirror could fall on top of you while in the toilet, causing multiple facial lacerations, leading to scars. The occupier must ensure that any fittings, such as mirrors, are secure.
Road Traffic Accidents
Everyone on the roads, including pedestrians, motorcyclists, cyclists and vehicle drivers, must navigate in a safe and responsible manner avoiding causing damage and injury to themselves as well as others. This is the road users’ duty of care. Part of adhering to this duty entails complying with the Road Traffic Act 1988 as well as the rules, regulations and guidance in the Highway Code. If another road user breaches this, causing you injuries, you could be eligible to claim compensation for a road traffic accident.
For example, if you are involved in a t-bone accident because the driver of the other vehicle ran a red light, the windshield could shatter causing cuts that lead to severe, permanent facial scarring.
Medical Negligence
Whilst you are under the care of any medical professional, they have a duty of care to ensure that any treatment they provide meets the minimum expected standards. If they have failed to do so, and you were harmed unnecessarily as a result, you could make a medical negligence claim.
For example, you may have presented at A&E with a cut that required stitches, but the nurse used the wrong technique, leaving a scar when there wouldn’t have been one otherwise.
Learn more about permanent facial scar compensation claims by contacting one of our advisors.
What Type Of Accidents Can Cause Severe Scarring?
As discussed above, permanent scar injuries may be caused by different types of accidents. Below we provide examples of the different ways in which you could suffer a permanent scar:
- At work, you may suffer severe scarring in a construction injury accident. For example, if your employer did not issue you with the correct PPE you may be struck by falling debris and be left with lacerations across your head and other parts of your body, resulting in permanent scars.
- In a public space, the occupier may have failed to correctly maintain walkways and pavements. This could lead you to trip over and injure your face on broken pavement or uneven gravel.
- If a driver fails to adhere to the Road Traffic Act and Highway Code, causing a road accident, such as by failing to look before pulling out of a driveway or speeding, you could be injured. You could be left with facial scarring if a collision with another vehicle caused your airbag to deploy.
- An example of medical negligence causing permanent scars could include a surgeon acting negligently and leaving you with severe scarring you should not have been left with.
Check with our team if you could make a permanent scar compensation claim.
What Could You Do If You’ve Suffered A Permanent Scar Injury?
The first step you should take after being injured is to ensure that you receive any necessary medical care and that you request copies of your medical records.
Your medical records may be used as evidence and will contain information on the type of injury you have suffered as well as what treatment you had and your prognosis for recovery.
Further types of evidence could include:
- Witness contact information so statements from anyone who witnessed the accident taking place can be taken at a later date. This may be another road user, a passenger in a vehicle, a medical professional or colleagues at work.
- Photographs of the scene of an accident as well as those of your injury and the progress of your scars.
- Video (such as CCTV or dashcam footage) which shows the incident taking place.
An advisor from our team could help to assess what evidence could help to show what evidence would support a claim for permanent scar compensation.
How Much Permanent Scar Compensation Could You Receive?
If you make a successful claim for permanent scar compensation, your settlement may consist of up to two heads of loss. These are general and special damages.
You will be awarded general damages as part of your scar settlement to compensate for the physical pain and mental suffering the accident caused you. When assigning value to this part of your claim, those tasked with doing so may use the guidelines from the Judicial College to help them. This text provides compensation guidelines for various types of injuries.
In the table below, we examine a few figures that could be relevant to claiming compensation for a scar injury. The first row is included to show you how compensation could be awarded in a successful compensation claim. For example, you could be awarded compensation for a permanent scar, a psychological injury and incurred costs. The remaining rows are from the Judicial College Guidelines. Please note, the top row is not from the JCG. As all personal injury claims are different, this table should only be used as a guide.
| Types Of Scarring Or Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple injuries, inclusive of special damages. | Serious to severe | Up to £500,000+ with special damages. |
| Scarring to other body parts. | Serious to significant | May be in excess of £127,920 |
| Scarring to other body parts. | A single disfiguring scar or a large number of noticeable scars. | £9,560 to £27,740 |
| Scarring to other body parts. | Where there was an exploratory laparotomy. | Around £10,550 |
| Scarring to other body parts. | Several superficial scars or a single noticeable one. | £2,890 to £9,560 |
| Facial disfigurement | A - very significant scarring. | £36,340 to £118,790 |
| Facial disfigurement | B - less severe scarring | £21,920 to £59,090 |
| Facial disfigurement | C - significant scarring | £11,120 to £36,720 |
| Facial disfigurement | D - less significant scarring | £4,820 to £16,770 |
| Facial disfigurement | E - trivial scarring | £2,080 to £4,310 |
Special Damages For Permanent Scars
Additionally, some successful claimants might be compensated for their financial losses caused by the injury under special damages. In a claim for scarring or facial scar compensation, this may include:
- Loss of earnings if you had to take time off work.
- Treatment costs, which may include plastic surgery and therapy.
- The costs of specialist makeup and scar-reducing creams and/or oils.
- Home help costs for while you recover, such as for child care.
In order to claim for the financial impact of your injuries, you will need to provide proof of the losses. You can save and submit payslips to show your loss of earnings, invoices for services such as from a child minder and receipts for items purchases, such as for scar-reducing oil.
Our team could advise you how much permanent scar compensation you could be eligible to claim.
How Do You Start A No Win No Fee Claim For Permanent Scars?
If you are eligible to seek permanent scar compensation, you may wish to do so with the support of a solicitor but worry about legal fees and upfront solicitor’s costs. One of the solicitors from our panel could help. Our panel includes expert solicitors with experience in helping claimants with permanent scars claims. Our panel typically use a Conditional Fee Agreement (CFA) to offer their legal services on a No Win No Fee basis.
This means that you will not need to make a payment for your solicitor to start work on your scar injury compensation claim. You will also not need to make any payments for your solicitor’s services unless your claim is successful. If it is, your solicitor will deduct a success fee. This fee is a percentage of the compensation awarded to you that is capped by a legal limit. If you aren’t successful, there is nothing to pay for your solicitor’s work.
To find out if you could make a permanent scar compensation claim, please contact our team. If you’re eligible they could connect you to a solicitor from our panel who can help with your claim on a No Win No Fee basis. To speak with a team member:
- Call one of our advisors 0800 408 7825.
- Send a message to our team using our ‘contact us’ form.
- Use our online live chat.
Read More About How To Make A Personal Injury Compensation Claim
Our related guides
- You can learn more about claiming for a serious injury with severe PTSD in this guide.
- If you have been harmed by beauty treatment negligence, you could be left with permanent scarring.
- Here we look at how to file a report for an accident in a public place.
References
- You can find out how to report a crime or road traffic accident from the Police UK.
- Government advice on claiming statutory sick pay (SSP), including information about rates and how to claim.
- This scar information patient leaflet from the NHS contains further medical information and advice.
We hope that our guide on claiming compensation for a permanent scar has helped you. To see if you can claim permanent scar compensation, contact us for free using the above details.