Facial scarring can happen to you from any of several causes, including but not limited to automobile accidents, accidents at work, physical assaults, and animal attacks. Facial scars are often permanent or can take years to address through surgery. They can result in significant insurance settlement payouts or substantial judgment awards in personal injury claims.
Stone Rose Law represents Arizona clients in various types of personal injury cases, including those involving facial scar compensation.
Here, we cover some examples of facial scarring settlements and trial verdict amounts, the different kinds of scars that can occur, and factors that go into settling a personal injury claim that includes facial scar compensation.
If you would like to explore a personal injury settlement for a facial scar, call Stone Rose Law at (480) 631-3025 or use our contact form to schedule a free case consultation with an experienced personal injury lawyer.
Facial scar compensation from an insurance settlement payout can vary considerably based on factors we will cover in detail below, like the severity of the injury, the age of the victim, the expected duration of the injury, actual and expected scar treatment costs, and whether factors like intentional behavior of the defendant come into play.
With these considerations in mind, we can say that a facial scar compensation amount can range from low to mid-five figures to more than a million dollars, with many claims receiving six-figure payouts.
There is no guaranteed outcome from a facial scar compensation claim. Much will depend on the nature of the defendant (for example, an individual defendant or a business) and the defendant’s ability to pay, including whether the defendant has any insurance and the policy limits of insurance.
Here are some examples of facial scar settlements, not restricted to cases in Arizona, to give you an idea of how much compensation could be possible.
Motor vehicle-related examples include:
Animal attacks are a frequent source of settlement and verdict awards:
Accidents on the property of another person or business can lead to facial injuries and compensation claims:
An example of this kind of case occurred when a bouncer at a nightclub got involved in an altercation that resulted in facial scarring, resulting in a verdict of a little more than $100,000.
In another case, the victim of another fight in a nightclub who was hit in the face with a glass received a verdict award of more than $1 million based on multiple facial lacerations that left him with permanent facial scarring and accompanying nerve damage. In this case, the victim sued the nightclub for failing to provide adequate security.
Lastly, a restaurant patron suffered a permanent facial scar when she was accidentally struck in the face with a wine glass during an altercation between two customers at a restaurant that left a permanent scar even after cosmetic surgery. She received a verdict award of more than $41,000 after suing one of the customers and the restaurant’s ownership.
As we can see from the examples above, facial scarring resulting from negligent or intentional behavior can occur to anyone at any age, and sometimes the culprit does not have to be another person. Any accident, animal attack, or intentional act can result in a facial scar, although common causes arecar accidents and dog bites.
Facial scarring can take any of the following forms:
Some scars, such as hypertrophic scars, may heal on their own. Others, like keloid scars, may respond to steroid treatment or treatment to lighten scars. And some, like contracture scars, may require scar revision surgery to treat.
In addition to scars, you can experience facial disfigurement in other ways. For example, facial bone fractures can result in facial deformities like sunken cheekbones, a misshapen nose, or a broken jaw. Other disfiguring facial injuries include eye injuries, lacerations, and soft tissue damage.
The value of a facial scar compensation claim depends on several factors that must be considered during negotiations. Some of these factors are physical and correspond to economic damages. Others are more intangible and relate to non-economic damages.
In many cases, it is the non-economic, intangible considerations that have the more significant impact on the compensation payout you receive.
In court or in settlement, your success in getting the compensation you need for a facial scarring claim depends on your ability to prove your injuries and the effects they are having on you.
Persuasive, material evidence can be material, like medical bills and records of diagnosis and scar revision treatment, photographs and video of your wounds, or records proving lost wages or loss of future earning capacity. It can be testimonial, including written and oral statements from witnesses to the cause of the scarring or expert testimony about its effects on you.
The net effect of your evidence must be to convince the defendant or defendants in your personal injury case that you can prove all the necessary elements of a legal claim. If you fail to do this, then it will be difficult to negotiate from a position of strength.
Another function of evidence is to help identify all the potential at-fault parties for your injury.
For example, if you are involved in a multi-car accident and suffer serious facial scarring from burns, then the available evidence could help establish:
Evidence is key to whether you can win your case, the compensation payout you may receive, or whether you will prevail at trial if negotiations fail. Your personal injury attorney will play an essential role in helping you to gather, organize, and present your evidence to maximize the strength of your claim.
The most important consideration in the potential settlement value of a facial scarring injury is the extent and severity of your scars.
The physical effects of a facial scar can extend beyond appearance.
For example, if you continue to experience physical pain due to the scarring, this can contribute to a claim for pain and suffering damages. If your occupation depends to any degree on your facial appearance, such as if you are a model or a salesperson, then severe scarring can affect your ability to earn a living in the future, which can affect how much you can receive in compensation.
Younger scarring victims tend to receive higher-value settlement payouts. Whether the scar can be removed or the extent to which treatment options can ameliorate it are also factors; permanent scar compensation usually means higher future medical expenses and larger settlement amounts.
Scars that limit your physical capabilities, like your ability to speak, will also contribute to a higher settlement value.
The psychological effects of scarring can impact you and those around you.
Permanent, disfiguring scars can cause emotional distress, mental anguish, anxiety, and depression that can last for years if not the rest of your life. These effects are compensable as non-economic damages.
Furthermore, it is a fact that certain demographic factors influence the potential compensation payout for facial scarring. Some insurers may subjectively value disfigurement differently depending on individual characteristics, but Arizona law does not assign higher or lower damages based on gender or marital status.
Negotiating a settlement claim for facial scarring can be a complex process.
You need to make the most of the evidence you can muster in support of your case, take into account intangible factors like age, gender, and marital status, and gauge the effect of the location, severity, and permanency of your scars.
You need to understand the difference between economic damages and non-economic ones, and whether punitive damages might be available (punitive damages in Arizona are available only if the defendant acted with an evil mind, meaning that person meant to harm you or consciously disregarded a substantial risk of harm).
And you will be up against one or more insurance adjusters and defense attorneys who will be looking for any way to reduce the value of your claim or even try to deny it completely.
If you try to negotiate your facial scarring claim on your own, you will be at a strategic disadvantage that could cost you. If you hire an inexperienced attorney who is not thoroughly knowledgeable in Arizona’s personal injury laws and how to make the best case for you, you could end up receiving less than what you need in fair compensation for the short and long-term harm you have suffered.
An experienced personal injury lawyer, on the other hand, will help you avoid the settlement traps that defendants, their adjusters, and defense attorneys may use, like getting you to make admissions or other statements against your interest, manipulating you into accepting an early, low-ball offer, or engaging in delay tactics to wear you down and get you to settle for less.
An experienced personal injury lawyer skilled in negotiation can advocate for your rights and maximize your settlement amount.
At Stone Rose Law, our skilled Arizona personal injury attorneys are experienced negotiators and litigators. We have represented clients with many kinds of disabling and disfiguring injuries, including facial scarring claims.
When you hire our law firm to represent you, we will:
A facial scar injury can have serious, long-term consequences for you and your loved ones. Don’t take chances with your settlement recovery. Put Stone Rose Law on your side, starting with a phone call to (480) 631-3025 to speak with an Arizona scar injury lawyer and to set up a free consultation with us.