By Danielle Nicholson. Last Updated 9th November 2023. In this guide, we will reveal everything you need to know about seeking permanent scar compensation.
Here at Advice.co.uk, we have years of experience and we can help you to make a claim for this type of injury. Most scar injuries naturally cause psychological injuries too, and we will ensure your compensation covers this.
Before you call 0161 696 9685 to reach us, though, read on to discover more.
Select A Section
- Examples Of Permanent Scar Compensation Payouts
- Common Causes Of Permanent Scars
- What Evidence Do I Need To Support A Claim For A Permanent Scar?
- Permanent Scar Compensation Claim Time Limits
- No Win No Fee Claims For Permanent Scar Compensation
- Advice And Resources For Scar Victims
There are two types of permanent scar compensation that could make up your award if your claim succeeds. The first is general damages, which are awarded to all successful claimants. This area of claim provides compensation for your injuries, the pain and suffering they’ve caused, and the effect they will have on your life.
Those who value this head of claim may refer to the Judicial College Guidelines (JCG) for help. This document provides compensation guidelines for a range of injuries. In the table featured underneath, you can find some of these guidelines as they relate to scarring. Please note that these amounts are not guaranteed.
The first entry within this table does not feature in the JCG, however.
|Multiple Injuries Plus Special Damages||Serious||Multiple injuries, both psychological and physical, with compensation for financial losses.||Up to £150,000+|
|Burns||Significant||The claimant has suffered serious burns to 40% or more of their body.||Likely to exceed £104,830|
|Facial Scarring||Very Severe||These cases involve a relatively young claimant who suffers a severe psychological reaction to very disfiguring scars.||£29,780 to £97,330|
|Facial Scarring||Less Severe||The claimant suffers substantial disfigurement with a significant psychological reaction.||£17,960 to £48,420|
|Facial Scarring||Significant||In these cases, the worst effects have been or are expected to be reduced by plastic surgery. However, there will be some cosmetic disability, but the psychological reaction is either not great, or has diminished to minor proportions.||£9,110 to £30,090|
|Facial Scarring||Less Significant||The claimant may have one scar or a number of very small scars. Overall, their appearance is marred. Their psychological reaction is no more than that of someone who is an ordinarily sensitive person.||£3,950 to £13,740|
|Bodily Scars||Noticable||In this bracket, the claimant may have a number of noticeable scars due to lacerations, or a single disfiguring scar.||£7,830 to £22,730|
|Bodily Scars||Laparotomy||The claimant experienced an exploratory laparotomy but no significant internal injury was found.||In the region of £8,640|
The second head of compensation for permanent scarring that you could receive is special damages. This head of claim provides compensation for the financial expenses your injuries have caused you to experience. For example, you could potentially claim back the cost of:
- Lost earnings.
- Cosmetic aids, such as makeup or wigs.
- Mobility aids.
- Further medical treatment.
To claim under this heading, you must be able to provide proof of your losses. For example, this could include payslips, bank statements, or invoices.
To learn more about how much you could claim for a permanent scar, contact our team of advisors today.
There are a few different incidents that can result in permanent scars. Below, we’ll explore when you could be owed a duty of care, and how a breach in this duty could result in permanent scarring. However, it’s important to note that in all of the cases we mention below, you must be able to prove that:
- You were owed a duty of care
- This duty was breached
- You were injured as a result
Permanent Scars From Accidents At Work
While you are at work, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). As set out in this legislation, your employer must take all reasonable and practicable steps to ensure the health, safety, and welfare of their employees while they are working. If they fail to do so, and you suffer an injury due to this breach in the duty of care, you could be eligible to claim permanent scar compensation.
Public Liability Claims For Permanent Scars
The controller of a public space owes you a duty of care, as set out by the Occupiers’ Liability Act 1957. This means that they must ensure your reasonable safety while you are using the space for its intended purposes. If the organisation or individual breaches this duty of care and you suffer an injury as a result, you could seek compensation for permanent scarring.
Permanent Scars From Road Traffic Accidents
Vehicle drivers, pedestrians, cyclists and those on motorbikes are expected to use the roads in a way that prevents injury and damage both to themselves and other road users. This is their duty of care. As part of this duty, they must comply with the Highway Code and Road Traffic Act 1988 while on the roads. If you suffer an injury because another road user failed to adhere to these rules and regulations, you could be eligible to claim for a road traffic accident.
Permanent Scars Due To Medical Negligence
You could also suffer scarring due to medical negligence. When a doctor or hospital treats you, they automatically owe you a duty of care. This means that you should be provided with the correct standard of care by the medical professionals responsible for your treatment. If you suffered harm that could have been avoided because of a breach of this duty, you might be eligible to seek compensation for permanent scarring.
If you have any questions about the eligibility criteria for different types of claims, please speak with an advisor from our team. Additionally, if you satisfy the requirements, you could be connected to one of the No Win No Fee solicitors from our panel.
Scars Caused By Criminal Injuries
If you have suffered an injury due to a crime of violence, you may be able to make your claim through the Criminal Injuries Compensation Authority (CICA). The CICA is a government body that handles compensation claims for those who have been criminally injured.
To be eligible to seek facial scar compensation through the CICA, you will need to meet the following criteria:
- You must have been injured in a crime of violence. The CICA Scheme lists some examples of incidents considered as a crime of violence, such as an attack or arson.
- The incident must have occurred in England, Scotland, Wales or another relevant place
- The incident must have been reported to the police.
- You need to adhere to the relevant time limits. We will explain what these are in a later section.
If you are seeking permanent scar compensation, you will need to prove that negligence occurred.
Some examples that could help support your personal injury claim for permanent scarring include:
- Photographs of the scar and, if you have them, photographs before you suffered a scarring injury.
- A copy of your medical records stating your injury and the treatment you required.
- Videos of the accident that led to your permanent scars, such as CCTV footage.
- The contact information of anyone who witnessed the accident so they can give a statement at a later date.
Contact our advisors today to discuss your potential claim. If they believe you may have a strong case, they could connect you with one of the solicitors on our panel, who could assist you with gathering evidence.
The Limitation Act 1980 sets the time limit for starting a personal injury or medical negligence claim. This states that you will generally have three years to start your claim, beginning on the date of your injuries or the date that you connect them with negligence.
However, there are some exceptions to this. For example:
- The time limit is frozen for minors under the age of 18, and is only reinstated on their 18th birthday. From then, they will have until they turn 21 to make a claim. A litigation friend can claim on their behalf while the time limit is frozen.
- The time limit is frozen for those lacking the mental capacity to claim indefinitely. In these cases, a litigation friend can claim on their behalf. Otherwise, the time limit is only reinstated if they regain the appropriate capacity.
Time Limits When Claiming Criminal Injury Compensation
The time limits for seeking permanent scar compensation from the CICA are different to personal injury and medical negligence claims.
You will generally have two years to start your criminal injuries compensation claim from the date of reporting the incident to the police. Generally, you are expected to make the police report right away unless you can prove that you were unable to do so due to exceptional circumstances.
Additionally, if you couldn’t make your claim within these two years but can prove that exceptional circumstances prevented you from doing so, you may be able to make a claim outside of this two-year window.
The time limit for those under the age of 18 slightly differs to that listed above. Get in touch with our advisors today to learn what these are.
If you are eligible to seek permanent scar compensation, you may wish to do so with legal representation. If so, one of the No Win No Fee solicitors from our panel could support your claim.
Our panel solicitors use a Conditional Fee Agreement (CFA) to provide their services, which is a type of No Win No Fee agreement. Under the terms of a CFA, your solicitor won’t ask for you to pay for their work upfront or as your claim progresses. Furthermore, they won’t ask you to pay for their work if your claim is unsuccessful.
However, if your claim for facial scar compensation succeeds, your solicitor will subtract a success fee from your compensation. This amount is deducted as a percentage that is limited by law.
If you have any questions about claiming compensation for permanent scarring, our team can help. And if you meet the eligibility criteria and have good grounds for a claim, you could be connected to one of the solicitors from our panel.
To contact an advisor:
- All about scars – NHS information on scarring
- The Scar Free Foundation – Help and assistance for those with scarring.
- Medical Negligence Wrongful Death Compensation – Visit this helpful guide to understand whether you could seek compensation on behalf of someone else after an incident of medical negligence.
- Eye Injury Compensation Claim– Visit this guide for information on seeking compensation for the pain and suffering caused by an eye injury.
- Sexual Abuse Compensation Claims – Read our guide to learn how to claim compensation as a victim of sexual abuse.
- Historical Sexual Abuse Compensation Guide – How To Claim? – Am I Eligible To Claim? – Read this guide to learn more about claiming for historical sexual abuse.
- How Long Could a CICA Claim Take? – Read our guide to find out more about how long a criminal injury claim could take.
For more advice on claiming compensation for a permanent scar, please get in touch.