By Cat Jones. Last Updated 30th May 2024. Have you suffered scarring to your face in an accident caused by a negligent third party? If so, you may be looking to claim compensation. Facial damage can often be distressing and negatively impact a person’s life. In this guide, we discuss when you could be eligible to claim compensation for facial scarring and the steps you can take to do so, such as gathering evidence and ensuring you start legal proceedings within the relevant time limits.
Additionally, we look at the duty of care certain third parties owe to keep you safe from harm, including employers, occupiers of public spaces, and road users. We also provide examples of how an accident at work, in public, or on the roads could occur leading to facial disfigurement if this duty is breached.
Later, we discuss how compensation is calculated as part of the personal injury claims process to address the different impacts of your injuries.
Finally, we look at how a No Win No Fee work injury solicitor could help you with your personal injury claim and the terms under which they offer their helpful services.
As you read, please feel free to get in touch with our dedicated team of advisors at any point. They can offer a free case check of eligibility and give an evaluation of what your claim could potentially be worth. To learn more, you can:
- Fill out the ‘Contact Us’ form online to get a callback.
- Use the live chat feature located at the bottom of your screen.
- Call us on 0800 408 7827.
Jump To A Section
- When Can You Claim Compensation For Facial Scarring?
- How To Claim Compensation For Facial Scarring
- How Long Do You Have To Claim Facial Scarring Compensation?
- Potential Compensation For Facial Scarring
- Claim Facial Scar Compensation On A No Win No Fee Basis
- Learn More About Making Personal Injury Claims
When Can You Claim Compensation For Facial Scarring?
To claim facial scarring compensation, you need to be able to prove that negligence occurred. For the purposes of this kind of claim, negligence occurs when:
- You are owed a duty of care.
- This duty is breached.
- You suffer facial scarring as a result.
But what is a duty of care? In certain situations, someone else is legally responsible for your health and safety. For example, when you’re at work, this is your employer. They owe you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). Per their duty of care, they must take reasonable steps and measures to ensure your health and safety.
Your employer could breach their duty of care by failing to properly maintain heavy machinery. If your employer asks you to work with a machine that has been reported as faulty, and the machine malfunctions and causes you to suffer facial scarring, then you could potentially make a claim.
Contact our team today to learn more about making a facial scar compensation claim.
How To Claim Compensation For Facial Scarring
To have valid grounds to claim for compensation for facial scarring you will need evidence of third-party negligence. To help, we have compiled a list of evidence that you could gather together to support your claim:
- CCTV, dashcam, or helmet cam footage of your accident.
- Witness contact details.
- A diary of your symptoms and treatments that you needed.
- Copies of medical records, such as X-ray scans, diagnosis letters, and treatment plans.
- Photos of your scarring and the cause of the accident.
- A copy of the report detailing your incident from either the workplace or public place accident book.
An expert personal injury solicitor from our panel could help you gather evidence to support your claim for compensation for facial scarring. They have experience handling claims of this nature and can ensure your case is brought forward in full within the relevant time limits.
To check on the validity of your potential claim and find out whether a solicitor from our panel could represent you, call our friendly team on the number above.
How Long Do You Have To Claim Facial Scarring Compensation?
Usually, the time limit to begin a personal injury claim is three years from the date the accident occurred. This is outlined in the Limitation Act 1980. Exceptions to this limitation period can be made in some circumstances, however. For example:
- Injured persons who are minors under the age of 18 at the time of the accident cannot pursue a claim themselves. However, while they are minors, a responsible adult can apply to act as a litigation friend and pursue the claim for them. If no claim has been made for them, they have three years from when they turn 18 to start legal proceedings themselves.
- Injured persons who lack sufficient mental capacity have the 3-year time limit frozen indefinitely. While the pause is in place, a litigation friend can start the claims process for them. Should the injured person regain their mental capacity and no claim has been made on their behalf, the three-year time limit will start from the date of their recovery.
To find out more about the exceptions and how long you have to seek compensation for facial scarring, call an advisor on the number above.
Potential Compensation For Facial Scarring
How much compensation for facial scarring you receive can depend on the specific factors of your unique case. However, if you make a successful personal injury claim, you could be awarded a settlement that comprises up to two heads of loss. The first is general damages which awards compensation for the pain and suffering of your injuries, physical and/or psychological.
For facial scarring claims, consideration is given to different factors when determining the amount of general damages awarded. For example:
- How severe the scarring is and whether it’s visible. Generally, if you suffer permanent scarring, you could be awarded a higher amount than if you suffer minor facial scarring that heals relatively quickly and isn’t majorly visible.
- The severity of the psychological reaction caused.
If you choose to instruct a solicitor to represent you, they can arrange for you to attend an independent medical assessment as part of the claims process. In doing so, a medical report containing details of your injuries and how they have impacted you will be generated. This report can be used to help when valuing general damages.
In addition to the medical report, reference can be made to the guideline award brackets listed in the Judicial College Guidelines (JCG). The amounts in the JCG correspond to different types of injuries all varying in severity.
Compensation Table
The table below contains figures from the JCG except for the amount on the first line. Please use this table as a guide only because settlement amounts awarded in personal injury claims are calculated on a case-by-case basis.
| Type of Injury | Severity | Award Bracket Guideline | Notes |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £500,000 plus | An award consisting of compensation for the impacts of multiple severe injuries including the pain and suffering experienced and the financial losses incurred, such as lost income and medical costs. |
| Face | (a) Very Severe Scarring | £36,340 to £118,790 | A very disfiguring cosmetic effect and a severe psychological reaction. |
| (b) Less Severe Scarring | £21,920 to £59,090 | Where disfigurement is still substantial and there remains a significant psychological reaction. | |
| (c) Significant Scarring | £11,120 to £36,720 | Cases where the more extreme effects have been, or will be, reduced by plastic surgery. However, there is still some cosmetic disability and the psychological reaction isn't great. | |
| (d) Less Significant Scarring | £4,820 to £16,770 | There may be one scar or a number of very small scars that don't significantly affect the person's appearance. | |
| (e) Trivial Scarring | £2,080 to £4,310 | A minor effect only. |
Claiming Special Damages For Severe Facial Scarring
Secondly, special damages compensate for the financial losses caused by the injuries. However, you will need documented evidence that shows out-of-pocket monetary expense and loss to claim them back.
Examples of the costs you could claim back and the evidence you could provide to prove them include:
- Payslips that show a loss of past and future earnings incurred due to time taken off work to recover from your scar injuries.
- Medical bills, such as for counselling needed due to the psychological impact of the facial scar injury you suffered.
To find out more about how compensation for facial scarring is calculated and receive a free valuation of what you could potentially be awarded, please get in touch with an advisor.
Claim Facial Scar Compensation On A No Win No Fee Basis
Our panel of personal injury solicitors has expert knowledge of the claims process and can help eligible claimants seek compensation for facial scarring via the terms of a type of No Win No Fee contract. There are many types of contracts but the one they offer is called a Conditional Fee Agreement (CFA) which typically means:
- No fees are required upfront for the solicitor to begin working on your claim or for the work they complete on your claim as it moves forward.
- If your claim does not win, the solicitor asks for no fees for their services.
- Following a successful claim outcome, you will need to pay a success fee to your solicitor. This is taken as a legally capped percentage from your compensation ensuring you receive the majority of the settlement.
To find out more about whether you could make a compensation claim with a No Win No Fee solicitor from our panel, please get in touch with an advisor. They can assess your case and may connect you with a solicitor provided you have valid grounds to proceed.
For more information about facial scar claims, you can:
- Fill out the ‘Contact Us’ option online to get a callback.
- Use the live chat feature located at the bottom of your screen.
- Call us on 0800 408 7827 to speak with an advisor.
Learn More About Making Personal Injury Claims
For more of our helpful guides relating to personal injury claims:
- Read how you could make an eye injury compensation claim and the steps you could take to secure a settlement.
- A guide discussing how to sue a restaurant that caused you harm due to a breach of duty.
- Learn how to claim as a passenger in a car accident that was the result of a negligent road user.
Other helpful resources:
- This link offers information about caring for your scar from the NHS.
- Read about the charity Changing Faces which offers support to people with scars and other types of facial disfigurment.
- Learn about seeking statutory sick pay from GOV.UK.
Thank you for reading this guide on claiming compensation for facial scarring. For more information, please get in touch with our team using the number above. They can offer further guidance on facial injury compensation claims and help you understand whether you’re eligible to proceed with your case.