Facial Scar Injury Claims – A Complete Guide

By Danielle Jordan. Last Updated 23rd September 2024. 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.

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

• By calling us on 0800 073 8804
• Contact us through our website
• Or by using our live chat feature, bottom right

Select a section:

1. What Is A Facial Scar?
2. Who Can Make Facial Scar Injury Claims?
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 And Payouts
6. Make A No Win No Fee Facial Scar Injury 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.

Who Can Make Facial Scar Injury Claims?

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.

Get Support Living With Scarring

Facial scarring can not only be painful and traumatic, but the psychological impact can last once the injuries are healed.

Living with scarring, especially scars on the face, can pose a difficult mental challenge to overcome. You may feel self-conscious or worried about your appearance and that’s understandable.

If you’re looking for help and support, a number of charities exist who can help:

• Changing Faces
• Children’s Burns Trust

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 And Payouts

When calculating permanent injury settlement amounts, or permanent scar compensation, solicitors can use the Judicial College Guidelines (JCG). The 16^th 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

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.

Can I Claim For The Cost Of Private Medical Treatment For My Scar?

In certain cases, you might need specialist treatment that is not available through NHS services or that the waiting lists are very long therefore you may have the option to go private. The cost of treatment, including cosmetic surgery to minimise the visible effects of a scar, could be claimed under the special damages head of loss.

Before you fork out any expenses it is always wise to get legal advice on whether these costs can be recuperated should your facial scar injury claim be successful.

No Win No Fee Facial Scar Injury Claims

There are many benefits that can come with making facial scar injury claims with a No Win No Fee solicitor. For example, the facial scarring compensation claims process can seem stressful or overwhelming, but with a solicitor, it can feel much easier.

This is because they can use their years of experience and training to help you:

• Negotiate a settlement
• Understand legal jargon
• Stay updated on each step of the process
• Prepare for court, if this is necessary
• Gather evidence and prove your claim

Our panel of expert personal injury solicitors can do all this and more on a No Win No Fee basis, as they take on clients under the terms of a Conditional Fee Agreement (CFA).

This means that to access their services, you don’t need to pay anything:

• Upfront
• As the claim goes on
• At all, if the claim fails

If it succeeds, then your solicitor will take a success fee. This is deducted as a small percentage from your compensation. The law implements a limit to this percentage.

Contact Us

Our team of advisors are here to help. If you’d like to start your facial scar compensation claim, or if you’d like to learn more about the facial scarring compensation claims process, get in touch today by:

• Calling 0800 073 8804 
• Use the live chat feature
• Contact us online

Helpful Links On Facial Scar Compensation

• Psychological Injury Claims
• Permanent Scar Injury Claims Guide
• Burnt Scalp From Bleach Compensation Guide
• Criminal Injury Compensation Claim
• How Much Compensation Can I Claim For A Hospital Infection?
• Examples of GBH
• Defective Farm Equipment – Injury Compensation Claims
• Can I Claim Compensation As A Cyclist Hit By A Vehicle Door?
• Laceration Scarring Compensation Claims
• How Is A Cosmetic Injury Claim Calculated?
• Compensation For A Pedestrian Hit By A Car – A Case Study
• What is the average payout for soft tissue injury in the UK?
• A guide to personal injury solicitors
• Find out how to claim if you suffered a scalded hand or other burn injuries due to a hot drink.

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.