Scarring and Disfigurement in Personal Injury Lawsuits

Scarring and disfigurement often accompany catastrophic injuries. Even a minor scar on a noticeable area may lead to embarrassment or reduced self-esteem. In more serious cases, substantial disfigurement can affect mobility, limit employment opportunities, and diminish overall quality of life.

Physical and Emotional Consequences

Scars in areas near or on joints can limit flexibility and reduce range of motion. Scar tissue often becomes thicker and less elastic, causing stiffness or discomfort. Even if mobility itself remains unaffected, nerve damage in the scarred region can lead to pain, numbness, or decreased sensation. Emotional and psychological responses, such as anxiety or depression, may complicate recovery. In extreme cases involving pronounced disfigurement, everyday social interactions and relationships can be negatively affected.

Recovering Damages for Scarring and Disfigurement

Individuals who suffer permanent scars or disfigurement as a result of another party's negligence or wrongdoing may seek compensatory damages by filing a personal injury lawsuit. These damages aim to cover both economic losses, such as medical expenses and lost wages, and non-economic harm, such as physical pain, mental anguish, and reduced enjoyment of life. Since physical scars can serve as ongoing reminders of an injury, the emotional effects can persist for years. Juries and insurance adjusters often consider the enduring nature of these harms when evaluating compensation.

Visibility and Other Influencing Factors

The visibility of a scar plays a significant role in how juries and insurance companies assess its impact. Injuries to areas like the face, neck, or hands can draw more attention than scars that are easily covered by clothing. Age and gender may also shape the perceived severity of harm. A young person with a prominent facial scar may be seen as more profoundly affected than an older person with a similar injury. Historically, women have sometimes received higher damages awards for comparable injuries. This simply reflects traditional gender biases rather than how the law is meant to function.

Evidence of Scarring and Disfigurement

Accurate medical records are crucial for establishing the severity and ongoing effects of scars and disfigurement. Detailed notes explaining the location, size, and characteristics of the scar, as well as any related mobility issues or complications, help demonstrate the injury’s impact. Regularly updated medical records can show whether a scar’s appearance or associated symptoms have changed over time. Photographic evidence of the scar at different stages of healing can reinforce a claim by revealing its progression.

Scarring Arising from Cosmetic Surgery

Certain scarring and disfigurement claims involve procedures initially intended to enhance appearance. If a cosmetic surgeon fails to uphold the accepted standard of care and causes substantial scarring, the patient may have grounds for a medical malpractice claim. To meet the legal threshold for malpractice, the patient must show that the surgeon deviated from the professional standard of care in their field and that this deviation directly caused the scarring or disfigurement. The specific legal requirements for such cases vary according to the rules of the jurisdiction in which the claim is brought.

Last reviewed April 2025