If you have suffered scarring on your body or face due to somebody else’s negligence, you may be able to file a scarring claim for compensation.
For many, personal injury claims will be based on the physical pain and suffering caused by their injuries. However, when the body heals a wound, temporary or permanent scars can remain and in some cases can leave the victim with psychological issues such as lack of confidence, for example. This can be taken into account when it comes to calculating compensation for scarring.
Throughout this guide, we will look at what types of accidents could lead to scarring claims. This could include anything from a car crash to medical negligence. We’ll also explain how you can claim compensation for the effects of scarring and how much you might receive.
Should you wish to make a claim, our team can help. We’ll start by reviewing your case with you in a no-obligation telephone consultation. You’ll be given free legal advice and, if your case is strong enough, you could be partnered with one of our personal injury solicitors. Importantly, any scarring claims they take on are processed on a No Win No Fee basis which can make your claim a lot less stressful.
Table of contents
- Am I Eligible To Make A Scarring Claim?
- Evidence To Support A Scarring Compensation Claim
- Scenarios That Could Lead To Scarring Claims
- How Much Compensation For Scarring Could I Claim?
- Scarring Compensation Calculator
- Time Limits For Claiming Scarring Injury Compensation
- Using A Personal Injury Solicitor When Making A Scarring Claim
For you to be eligible to make a scarring claim for compensation, you will need to show that:
- The defendant owed you a legal duty of care; and
- They broke that duty of care through a negligent act; and
- You suffered injuries that resulted in scarring because of that negligence.
For step one, a duty of care can be established by legislation. For example, employers have a duty of care because of the Health and Safety at Work Act 1974. For car crashes, the duty can be established by the Road Traffic Act 1988. This isn’t really anything you’ll need to worry about as your solicitor will know which law applies in your case.
For steps two and three, evidence will be required to prove who caused your accident and how you were injured which we’ll look at next.
To obtain evidence to support a scarring compensation claim, the following steps could be followed after an accident:
- Report the accident where possible. Companies must record incidents in an accident report book. You can ask for a copy to help prove when and where the accident that ultimately caused your scarring took place.
- Seek treatment. Medical records from A&E, your GP or a minor injuries unit could go some way to proving the extent of any injuries.
- Take photographs. If possible, take pictures of the accident scene before anything is repaired or removed.
- Get witness’s details. A solicitor might ask for a statement to help corroborate your allegations. Independent witnesses may be held in higher regard but remember to get the details of family members or friends who saw what happened too.
- Secure footage. If CCTV footage or dashcam recordings are available, try to obtain a copy. Your solicitor could help with this but you’ll need to act quickly before the footage is wiped.
- Record expenditure. As part of your scarring compensation claim, you could request any costs associated with your injuries to be paid back.
This guidance doesn’t apply in all cases as not all scarring claims relate to accidents. For example, you could also claim for criminal injuries or medical negligence. In most cases, though, reporting the incident and seeking medical attention will provide vital evidence to support your case.
There are various ways in which you could sustain an injury that leads to scarring. It’s not possible to list them all here. However, we have added some common scenarios that could result in scarring claims below:
- Lacerations resulting from an accident at work.
- Scars after being burned in a restaurant by faulty work equipment or spillages.
- Scarring resulting from cosmetic surgery negligence.
- Stab injuries caused by criminal assault.
- Permanent scar from a car crash.
- Where scarring develops due to poor medical care when treating a wound.
- Cuts and lacerations caused by damaged furniture in a hotel accident.
Importantly, the location of the scarring is important in personal injury claims. As you can imagine, facial scars could cause more psychological issues than a small scar on the back of the leg. That said, a claim could still be made for any type of scar so long as it can be shown to have been caused by negligence.
Even if you can’t see a scenario similar to your own here, don’t worry. We will review all cases for free and provide legal advice about your options. An advisor will let you know if they think you have the grounds to proceed and could refer your case to one of our No Win No Fee solicitors.
When calculating how much compensation for scarring a claimant could claim, there are several elements to consider. As mentioned earlier, the location and effect of the scarring are important. Another factor is whether it’s temporary or permanent scarring. The age of the claimant might also be considered too. Generally, personal injury claims are split into:
- General damages. This part of the claim is based on your physical and psychological injuries. The settlement amount is based on pain, suffering and loss of amenity.
- Special damages. Here, the claim looks at any financial impact. The idea is to put you back in the same position you were in financially before you were injured. As a result, you could claim for any medical costs, travel expenses or lost income that you’ve sustained.
As part of the scarring claims process, a medical assessment might be required. It would be carried out by an independent specialist who’ll review your medical notes and discuss the impact of your scarring with you. After your appointment, which can be booked locally, a report will be provided to outline your injuries. It will also explain if you’ll likely continue to suffer in the future.
In this section, we’ve added a table of potential compensation figures for the more common scar injuries. A bit further down the page you’ll find a compensation calculator for other physical and psychological injuries. The data is based on the Judicial College Guidelines (for general damages) as these are the figures personal injury solicitors will refer to.
- £2,370 to £7,830 compensation for a single noticeable scar or a number of superficial lacerations to arm/s, leg/s, hand/s.
- Around £8,640 compensation for the inevitable scar an exploratory laparotomy would leave.
- £7,830 to £22,730 compensation for a single disfiguring scar or some noticeable lacerations scarring to the chest, arm/s, back, leg/s or arm/s.
- £104,830 compensation or more for significant burns covering 40% or more of the body.
- £1,710 to £3,530 compensation for minor facial scarring.
- £3,950 to £13,740 compensation for less significant facial scarring.
- £9,110 to £30,090 compensation for significant facial scarring.
- £17,960 to £48,420 compensation for less severe facial scarring.
- £29,780 to £97,330 compensation for very severe facial scarring.
Because of the factors listed earlier, no two claims are the same. Therefore, these figures should be taken guidance only. If you call for a free claim assessment, we may be able to provide a more personalised compensation estimate if your scarring compensation claim is taken on.
In most personal injury claims, there is a 3-year time limit. This will either begin from the date you were injured or from when your scarring became apparent. Importantly, claims involving criminal injuries (made through the CICA scheme) currently have a 2-year limitation period.
It is possible for parents and guardians to claim compensation on behalf of a child who has suffered as well. In these cases, the 3-year time limit won’t apply until the child reaches 18 years of age. Instead, the claim must be started at any point before the child turns 18. Otherwise, if a claim does not happen, the normal time limit will begin on the claimant’s birthday.
We advise that it’s best to begin the claims process as soon as possible. By doing so, your solicitor will have plenty of time to collect the evidence required to support your scarring claim. You will probably find it easier to discuss how your injuries have affected you too.
If you’d like us to verify how long you have to start your scarring compensation claim, please get in touch.
In our opinion, the importance of using a personal injury solicitor for your scarring compensation claim cannot be understated. If you don’t show how your injuries were caused and who caused them in a concise way, you could lose out on any compensation you’re entitled to.
That’s why we suggest using our personal injury solicitors when making a scarring claim. If your claim is accepted, one of our solicitors will discuss your case in detail with you. By doing so, they’ll be able to include all aspects of your suffering in your claim including any that might occur in the future. This is important as you are only allowed to make a single claim.
To make things easier for you, your solicitor will handle all of the questions sent by the defendant’s legal team. If there are any arguments about liability, your solicitor will use their experience to try and counter them. Also, if a settlement is offered, it will be reviewed with you before acceptance to ensure it fully compensates you for your suffering.
If you would like us to help you make a claim, why not call today on 0800 6524 881? All reviews are free and if your scarring claim is accepted, it will be processed on a No Win No Fee basis.