Is It Possible to Get Compensation for a Scar from an Accident?

When we think of car accident injuries, we often focus on the immediate, internal damage—the broken bones, the whiplash, the concussions. But once the initial wounds have healed, you can be left with a permanent and visible reminder of the trauma: a scar. A scar from a deep cut, a surgical incision, or a serious burn is more than just a mark on your skin. It can be a source of physical discomfort, self-consciousness, and lasting emotional distress.

It’s a common and valid question to ask: Can you be financially compensated for a scar?

The answer is an unequivocal YES. A permanent scar is a form of disfigurement, and it is a significant and compensable part of a personal injury claim in Washington State. The law recognizes that a scar is a lifelong injury that can impact your confidence, your social interactions, and your overall quality of life.

Useful Information for You: In a Nutshell

• Yes, Scars are Compensable: You can recover damages for permanent scarring as part of your car accident settlement.
• It’s a Form of “Disfigurement”: Legally, a scar falls under the category of “disfigurement,” which is a key component of your non-economic damages (pain and suffering).
• The Value Depends on Several Factors: The amount of compensation depends on the scar’s size, location, severity, and its impact on your life. A visible facial scar will have a much higher value than a small scar on a concealed part of the body.
• Both Medical and Emotional Costs are Covered: You can be compensated for the medical costs to treat the scar (like plastic surgery) and for the emotional distress and embarrassment it causes.
• Photographic Evidence is Crucial: High-quality photographs documenting the initial injury and the final, healed scar are the most important pieces of evidence.

How is a Scar Valued in a Personal Injury Claim?

Unlike a medical bill, a scar has no fixed price tag. The value of a scar in a settlement negotiation is subjective and depends on several key factors. An insurance company or a jury will consider:

1. The Location of the Scar

This is the most significant factor. A prominent scar on a highly visible part of the body, such as the face, neck, hands, or arms, will have a much higher value than a scar on the back or torso that is typically covered by clothing.

2. The Severity and Permanency of the Scar

• Size and Shape: Is it a long, jagged scar or a small, neat line?
• Color and Texture: Is the scar raised (keloid), discolored, or pitted?
• Permanency: Has a doctor determined that the scar is permanent and that its appearance is unlikely to improve further, even with treatment?

3. The Emotional and Psychological Impact

The law recognizes that a scar, particularly a facial scar, can cause significant emotional distress, social anxiety, embarrassment, and a loss of self-esteem. Your testimony, along with that of family and friends, about how the scar has affected your life is a critical part of the claim.

4. The Age and Occupation of the Victim

While it may seem unfair, the age and even the profession of the victim can play a role. A severe facial scar on a young person may be valued more highly due to the longer period of time they will have to live with it. Similarly, a scar on the hands of a person whose career relies on their appearance (like a model or actor) may be valued more highly.

What Damages Can Be Claimed for a Scar?

Compensation for scarring is typically broken into two categories:

1. Economic Damages (Medical Costs):

This is the claim for the actual cost of treating the scar. It can include:

• The cost of the initial stitches or surgery that caused the scar.
• The cost of future plastic surgery or scar revision procedures.
• The cost of scar-fading creams, laser treatments, or dermabrasion.

2. Non-Economic Damages (Disfigurement and Suffering):

This is the claim for the human cost of the scar. This is where the factors like location and severity come into play. It is compensation for the permanent change in your appearance and the emotional distress that comes with it.

Proving Your Scarring Claim

• Photographs are Essential: You must have high-quality, well-lit photographs. Take pictures of the initial wound, the stitches, the healing process, and, most importantly, the final, permanent scar.
• Get a Medical Opinion: Your doctor’s notes should document the size, appearance, and permanency of the scar. If future treatment is needed, a plastic surgeon can provide a report detailing the procedures and their estimated costs.

A scar is not a minor inconvenience; it is a permanent reminder of a traumatic event. You have the right to be compensated for its lifelong impact. If you have been left with a permanent scar after a car accident in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. Compare profiles and reviews of trusted local attorneys who understand how to properly value and prove a disfigurement claim to ensure you receive the full and fair compensation you deserve.

References

• Washington Pattern Jury Instructions (WPI 30.01.01) – Measure of… Noneconomic Damages:The official instruction for juries in Washington, which explicitly lists “disability and disfigurement” and “emotional distress” as key components of non-economic damages that must be compensated.https://www.courts.wa.gov/superiori/pattern_jury_instructions/WPI%2030.01.01%20Measure%20of%20Economic%20and%20Noneconomic%20Damages%20-%20Personal%20Injury%20-%20Adult.pdf
• American Academy of Dermatology (AAD) – Scars: Diagnosis and treatment:An authoritative medical resource explaining the different types of scars and the medical procedures used to treat them, which can be used to establish future medical costs.https://www.aad.org/public/diseases/a-z/scars-treatment