This article explores when you might be eligible to seek permanent scar compensation.
Various injuries can cause scars to develop, including lacerations and burns. Additionally, some surgical procedures may leave scars behind. In this guide, we take a look at the different types of scarring that could occur. In addition, we look at examples of accidents that could leave behind scarring.
If you were owed a duty of care and a breach of this duty caused your injuries, you might have a valid scarring claim. We investigate where you might be owed a duty of care and how it could be breached in more detail throughout our guide.
You may also be wondering how much compensation you could receive if you do have a valid claim. However, different factors could impact the amount of compensation you’re awarded. We have provided some scar compensation examples that you can use as a guide and we have explored how your settlement may be calculated.
This article concludes with an exploration of No Win No Fee arrangements. We explain what this could mean for your scar compensation claim in more detail later on.
To speak to a member of our team about your potential claim:
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- What Is Scarring?
- What Accidents Could Cause A Permanent Scar?
- How Could A Scar Affect You?
- How To Claim Permanent Scar Compensation
- Permanent Scar Compensation Calculator
- Claiming For A Permanent Scar With A No Win No Fee Solicitor
A scar is a mark left behind after a wound on the skin has healed. Although most will fade over time, they never completely disappear. As such, they can have an affect on your mental health, especially if the scarring is visible.
According to the NHS, there are five different types of scars:
- Fine line scar is a raised line that fades and flattens over time.
- Keloid scar is a tissue overgrowth due to high collagen production around the wound site.
- Hypertrophic scars are also caused by high collagen production. They do not extend past the original boundary of the wound.
- Pitted scars, also called sunken scars are the result of a skin condition, such as acne, or the loss of underlying fat.
- Contracture scars occur when the skin shrinks. They cause movement restrictions and tightness. They are often caused by burns.
If you have experienced a similar type of scar, get in touch. Our team can advise you on permanent scar compensation.
There are various accidents that could cause a permanent scar, such as an accident at work, a road traffic accident or an accident in a public place. These types of accidents could result in different injuries, including lacerations and burn injuries which could result in permanent scarring.
In the sections below, we have explored examples of accidents that could result in these types of injuries.
A skin laceration involves the seperation of the top layer of the skin from the deeper layers of the skin. They can result in scarring. Examples of how they could occur include:
- During an accident in a shop, glass jars may shatter on you. Glass could lodge in your skin leaving cuts that could result in scarring.
- You may experience a broken ankle at work. Even if the bone doesn’t pierce the skin, you may be left with surgical scars if surgery is required to treat your ankle injury.
Burns and scalds may also leave behind scars. Exposure to dry heat, such as from defective work equipment, could cause a burn, such as when equipment overheats and there are no mechanisms in place to shut it down.
Additionally, hot water or steam could result in a scald. Inadequate training could cause someone working in a kitchen to suffer from a scald, for example, if they have not been taught safe working practices.
Our personal injury claims team can assess your potential to claim permanent scar compensation.
Depending on the severity and placement, a scar could leave behind visible disfigurement. As such, it could result in a psychological injury. You may become socially isolated, which, in turn, could result in anxiety, depression or in more severe cases, post traumatic stress disorder (PTSD).
The impact on your mental health could prevent you from returning to work, resulting in you losing income.
Additionally, you could experience physical symptoms which could cause ongoing pain and suffering.
If you are eligible to make a claim, you could receive permanent scar compensation that takes into account the impact your injury has had on your quality of life. Read on to learn about the criteria for putting forward a valid claim.
To have a valid claim for permanent scar compensation you must prove that you were owed a duty of care and a breach in it resulted in your injury. This is known as negligence. Examples of where you could be owed a duty of care include:
- On the roads under the Road Traffic Act 1988 and the Highway Code.
- In a public place under the Occupiers Liability Act 1957, which sets out the duty of care for the person in control of a public space.
- At work as per the Health and Safety at Work etc. Act 1974 which sets out an employers duty of care.
You can gather relevant evidence to prove that a third party breached the duty of care they owed you and caused you harm, such as:
- CCTV or dashcam footage
- Pictures of your injuries or the accident
- A police report, if applicable
- A copy of your medical records
Additionally, you must start your claim within the time limit set out in the Limitation Act 1980. In a personal injury claim, this is usually three years. Some circumstances grant exceptions to this time limit.
You may wish to seek legal advice following an accident that resulted in a permanent scar. A lawyer could help you gather evidence that supports your claim compensation. Speak to our advisors today for free legal advice on what evidence could support your claim.
Your scar compensation claim could be made up of two heads. Both are investigated in more detail below.
If your claim is successful, this head pays you compensation for the emotional and physical pain and suffering you experienced as a result of your injury. There is also consideration given to the impact the injury has had on your quality of life.
Figures in the table below are guideline compensation brackets taken from the Judicial College Guidelines (JCG). Legal professionals, including solicitors, use this document to help them when assigning value to your injury.
Please only use these figures as a guide because several factors are considered when calculating the general damages head of claim.
Injury Potential Compensation Notes
Scarring to other parts of the body Likely to exceed £104,830 Significant burns covering 40% or more of the body.
Scarring to other parts of the body £7,830 - £22,730 One disfiguring scar or many laceration scars to limbs, back and chest.
Scarring to other parts of the body In the region of £8,640 Exploratory laparotomy that doesn't find a significant internal injury.
Scarring to other parts of the body £2,370 - £7,830 Minor cosmetic deficit to limbs or one limb from a single noticeable scar or several superficial scars.
Facial Disfigurement £29,780 - £97,330 (a) Very Severe: Disfiguring facial scars with a severe emotional reaction in a relatively young person.
Facial Disfigurement £17,960 - £48,420 (b) Less Severe: Substantial disfigurement to the face alongside a significant emotional reaction.
Facial Disfigurement £9,110 - £30,090 (c) Significant Scarring: The person experiences a cosmetic disability but an improved psychological reaction.
Facial Disfigurement £3,950 - £13,740 (d) Less Significant: One scar or many small scars with a marred appearance.
Facial Disfigurement £1,710 to £3,530 (e) The effect of trivial scarring is minor.
PTSD £23,150 - £59,860 (b) Moderately Severe: The person shows some recovery after receiving professional help but there will still be a significant disability.
Special damages is the head of claim that compensates for the financial losses caused by your injury. For example, your scars may lead to loss of earnings or cosmetic surgery expenses which are costs that can be claimed back under this head. To recover these costs and any other costs incurred from a scarring injury you must supply proof, such as an invoice or wage slips.
Free estimates of your permanent scar compensation are available from our personal injury claims team.
If you are eligible to claim compensation for permanent scarring, having a solicitor help you could be beneficial. A solicitor could help with the process of gathering evidence and could negotiate a settlement on your behalf.
A solicitor from our panel could offer to take your claim on under a No Win No Fee arrangement. This would mean you wouldn’t typically have to pay for their work until your compensation comes through. Under a Conditional Fee Agreement (CFA), a type of No Win No Fee arrangement, a solicitor would take a success fee if your claim ends with a compensation payout. The success fee they would take would be a small percentage of your payout.
Furthermore, if your claim didn’t succeed, you would not typically pay your solicitor for their work on your claim.
To learn whether one of our solicitors could help you with your scar injury compensation claim under a No Win No Fee arrangement, you can contact an advisor.
To talk to us about starting your claim:
Related Permanent Injury Claims
External reading that may help you:
Additional articles from our site:
- Compensation Payout For A Broken Toe Accident At Work
- Compensation Claims Against the Council
- Hit and Run Compensation Claims
Thank you for reading our guide on seeking permanent scar compensation. If you have any further questions, get in touch on the number above.