How To Claim Compensation For Disfigurement

This article covers the topic of making a personal injury claim for compensation for disfigurement. In this guide, we start off by looking at who could be eligible for disfigurement compensation Then, we look at how you could be caused an injury that results in disfigurement, for example, in a road traffic accident, in a public place incident or even following an accident in the workplace.

Further down in the guide, we dedicate a section to how compensation for disfigurement is calculated to address the level of pain and suffering caused by your injuries and acknowledge any financial impact.

There’s also information on the benefits of working with our No Win No Fee solicitors to assist you with your claim and what the general terms of a Conditional Fee Agreement are.

Man with his hands over his face in distress

To have your personal injury claim assessed for free today, call our accident claims team, and through a consultation that is free of change, one of our advisors can tell you if your case has merits. They could also offer to connect you with one of our personal injury solicitors who all work on a No Win No Fee basis.

Select A Section

  1. Who Could Claim Compensation For Disfigurement
  2. What Accidents Could Lead To Disfigurement?
  3. Examples Of Awards For Scarring Or Disfigurement
  4. Start Your Personal Injury Claim For Disfigurement With A No Win No Fee Solicitor
  5. Learn More About Claiming Compensation For Disfigurement

Who Could Claim Compensation For Disfigurement

Disfigurement injuries and scars could be caused in numerous different scenarios. This guide looks at when you could be eligible to make a personal injury claim to compensate you for any disfigurement you have suffered.

In different areas of life, you are owed a duty of care; employers, road users and public place occupiers all owe a duty of care to ensure that they act in a way to protect the health and safety of others. Below we discuss the eligibility criteria that need to be met in order to be able to make a personal injury compensation claim:

  • Firstly you must have been owed a duty of care by a third party.
  • This duty of care was breached by the action or inaction of this third party.
  • Finally, due to this breach, you suffered an injury or illness.

This is the general definition of negligence.

What Is the Time Limit When Claiming Compensation For Disfigurement?

When making a claim for a personal injury, there are time limits to consider. As per The Limitation Act 1980, you generally have 3 years to begin a claim. This limitation period begins from the date you sustained your injury. However, some laceration and scarring claims could be made later than this in certain circumstances. We’ve included more information below:

  • Claimants who lack the mental capacity to claim – For those in this category, there is no time limit. However, if the injured party were to gain or recover the ability to claim for themselves, then the 3-year window would begin from this date. Before then, a litigation friend could be appointed to claim on behalf of the injured party.
  • Injured children – Those under 18 must also have a litigation friend appointed if a claim is to be made on their behalf before their 18th birthday. However, if the decision is made to wait until the injured party turns 18, then then the 3-year time limit would begin from their 18th birthday.

What Accidents Could Lead To Disfigurement?

In this section, we look at the different parties that, through legislation, have a duty of care for others:

Eligibility To Claim For Accidents In Public Places

In order to claim for facial disfigurement that occurred due to an accident in a public place, you must meet three main criteria.

  • You must have been owed a duty of care – In accordance with The Occupiers’ Liability Act 1957, those responsible for a public area owe those making use of the space a duty of care. This means they must maintain the area to a certain standard of safety.
  • This duty of care must have been breached – This is when the occupier does not uphold their responsibility. For example, there could be a wet floor in a supermarket without a sign to make those nearby aware of the slip trip and fall hazard.
  • You must have been injured – When an injury is caused by a breach of a duty of care, this is known as negligence. Negligence is what can lead to a personal injury claim.

Eligibility To Claim For Road Traffic Accidents

The claim criteria are similar when looking into your eligibility to receive compensation for disfigurement due to a road traffic accident.

  • Were you owed a duty of care? – For drivers and riders, The Road Traffic Act 1988 states the duty they owe to others on the road. They must drive safely and with due care and attention. The Highway Code also contains legally backed rules and guidelines that should be followed in order to heighten safety further.
  • Was the duty breached? – If a road user does not adhere to the laws for using the road, then this is a breach of their duty of care. Some examples of this could include not obeying the speed limit, and not giving way at a junction that they need to.
  • Were you injured? – Negligence is when you are injured as a result of a road user’s breach of their duty of care. If this is the case, then you may have grounds to claim compensation for any disfigurement suffered.

Eligibility To Claim For Accidents At Work

The criteria for accident at work claims are as follows:

  • Your employer’s duty of care – Every employer has a responsibility to take all reasonably practicable steps to avoid injury to their employees in the workplace. This is stated in The Health and Safety at Work etc. Act 1974.
  • Breaches of a duty of care – If your employer doesn’t take all reasonable steps required to ensure their employees’ safety, then this is a breach of their duty of care. Examples include not supplying necessary personal protective equipment, and not providing staff with adequate training.
  • Did the breach lead to injury? – If so, then this is negligence. Negligence could lead to a personal injury claim.

Get in touch if you have any questions regarding claiming compensation for disfigurement.

Examples Of Awards For Scarring Or Disfigurement

Compensation for disfigurement is calculated by the unique circumstances of your personal injury claim. If your personal injury claim is successful, you will be awarded general and possibly special damages. General damages cover the pain, suffering and effect your injuries have on your life.

Legal professionals, when calculating compensation for general damages, may use medical evidence and a publication called the Judicial College Guidelines (JCG) to aid them. We’ve included some example figures from the JCG in the table below. They’ve been taken from the most recent version.

The figures shown should only be used as a guide. The value of your own claim will differ depending on your circumstances.

Injury Description Amount
Facial Scarring (a) Very severe – The claimants in this bracket are relatively young adults, and the cosmetic effect is very disfiguring. The psychological reaction is also severe. £29,780 to £97,330
Facial Scarring (b) Less severe – The disfigurement remains substantial, as does the psychological reaction. £17,960 to £48,420
Facial Scarring (c) Significant – Plastic surgery will have reduced the worst effects £9,110 to £30,090
Facial Scarring (d) Less significant – A single scar or numerous very small scars. £3,950 to £13,740
Scarring to Other Parts of the Body Where significant burns cover 40% or more of the body. Likely to exceed £104,830
Scarring to Other Parts of the Body Noticeable laceration scars, or a single disfiguring scar. £7,830 to £22,730
Scarring to Other Parts of the Body A single noticeable scar, or several superficial scars. £2,370 to £7,830

Examples Of How Special Damages Are Calculated

A head of claim known as special damages may also factor into your compensation. If eligible, you could be reimbursed for the financial impact your injuries have had on you. You need evidence to support these losses, such as payslips and receipts.

Examples of special damages can include:

  • Medical costs
  • Loss of earnings
  • Prosthetics
  • Travel costs

Get in touch today to find out more about how compensation for disfigurement is calculated.

Start Your Personal Injury Claim For Disfigurement With A No Win No Fee Solicitor

All of our solicitors work under a No Win No Fee deal known as a Conditional Fee Agreement (CFA).

When working with a No Win No Fee solicitor, they take a percentage from your settlement as their success fee. However, the percentage they take is capped by law and is only taken if your claim succeeds. If your claim should fail, then they do not take this from you.

Get in touch today to learn more about whether you’re eligible to work with one of our No Win No Fee solicitors.

Talk To Us About Your Claim

Remember, there is more than one way you get in touch with our advisors. They’re ready 24/7 to answer your questions. Once they know more about the circumstances surrounding your facial disfigurement claim, the more accurately they’ll be able to help you.

Learn More About Claiming Compensation For Disfigurement

Hopefully, our guide on compensation for disfigurement has furthered your understanding of the subject. Below, you’ll find some links we’ve included for further reading on this and related subjects.

More guide from us: 

Information from other sources: