A scarring and disfigurement claim is a claim for permanent changes to a person’s appearance, such as scars, skin grafts, burns, missing tissue or an altered facial structure, caused by someone else’s negligence. Disfigurement is recognized as a real harm in its own right, separate from the pain of the original injury, because it affects how a person sees themselves and is seen by others for the rest of their life.
Blank Kim Injury Law handles these claims from our Fairfax office on Chain Bridge Road, open 24 hours. Attorneys Aaron Blank and Robert Kim are licensed in Virginia. Robert Kim speaks Korean, and our paralegals speak Spanish.
Types of scarring and disfigurement
Scars form as the body repairs deep damage to the skin. How a scar looks and behaves depends on the injury, its location, the person’s skin and the care it received.
| Type | What it is | Why it matters |
|---|---|---|
| Hypertrophic scars | Raised, red, thick scars that stay within the wound area | Can itch, hurt and tighten; often need months of treatment |
| Keloids | Scars that grow beyond the original wound | Can recur after removal; more common in darker skin |
| Contracture scars | Tight scars, often from burns, that pull skin together | Can restrict movement of joints, the neck or the hands |
| Atrophic scars | Sunken scars where tissue was lost | Change the contour of the face or body |
| Graft and donor site scars | Scars where skin was grafted and where it was taken from | Two scarred areas from one injury, often with color and texture differences |
| Surgical scars | Scars from the operations needed to treat the injury | Part of the harm caused by the accident |
Disfigurement goes beyond scars. It includes facial fractures that heal out of alignment, loss of part of an ear or nose, missing teeth, uneven limbs after an amputation, and hair loss where scalp tissue was damaged.
Accidents that leave permanent scars
- Car crashes. Windshield and side-window glass, airbags and jagged metal cause facial and arm lacerations. See our car accident page.
- Motorcycle and bicycle crashes. Road rash grinds dirt and asphalt into the skin and can require grafting. See our motorcycle accident page.
- Dog bites. Children are often bitten on the face, leaving scars that change as they grow. See our dog bite page.
- Burns. Fires, scalding liquids, electrical contact and chemical exposure. See our burn injury and apartment fire pages.
- Explosions. See our gas explosion page.
- Workplace and product accidents. Cuts from tools and machinery, and injuries from defective products.
- Degloving and crush injuries that require grafts and flaps. See our amputation and degloving page.
- Surgical and medical errors, including burns during surgery and infections that leave extensive scarring. See our surgical errors page.
How scarring affects more than appearance
People with visible scarring describe effects that insurance adjusters rarely ask about:
- Pain, itching, tightness and sensitivity to sun and temperature that can last for years
- Limited movement when a scar crosses a joint, the neck or the hands
- Anxiety, depression and avoidance of social situations, sometimes with post-traumatic stress
- Stares, questions and changed reactions from strangers
- Effects on work, especially in jobs that involve meeting the public
- For children, teasing at school and repeated surgeries as they grow, since scar tissue does not grow with the body
Where a scar is and how visible it is matter a great deal. A scar on the face, neck or hands is seen every day. A scar hidden by clothing can still affect intimacy and the willingness to swim, exercise or wear certain clothes.
Scar treatment and future medical costs
Scars can often be improved but not erased, and improvement usually takes years. A claim needs to account for the treatment still to come, which a plastic surgeon or dermatologist can outline:
- Laser treatments, usually in a series spaced weeks apart
- Steroid injections for raised scars and keloids
- Silicone sheeting and custom pressure garments, especially after burns
- Scar revision surgery, skin grafts, tissue expansion and flap reconstruction
- Release surgery for contractures that limit movement
- Physical and occupational therapy to maintain range of motion
- Counseling or therapy for the emotional effects
Many revision procedures are done only after a scar matures, which can take a year or more. Settling before then risks leaving those costs out.
Proving and valuing a disfigurement claim
Disfigurement is one of the few injuries a jury can see for itself. We document it carefully over time:
- Photographs from the day of the injury, through each stage of healing, to the scar’s mature appearance, ideally in consistent lighting
- Medical photography and records from the treating surgeon
- Expert testimony from a plastic surgeon or dermatologist on permanence and the future treatment plan, and its cost
- Records of counseling and statements from family, friends and co-workers about the changes they have seen
- Your own account of daily life with the scar
Virginia law allows a jury to consider disfigurement and the humiliation and embarrassment associated with it as part of an injured person’s damages. There is no formula or chart for scars. Location, size, visibility, age, the effect on function and the emotional toll all shape value, along with the strength of the evidence on fault. Virginia does not cap compensatory damages in an ordinary injury case, and under the collateral source rule, your own health insurance payments generally do not reduce what the at-fault party owes.
Virginia rules that apply
- Deadline. Personal injury suits generally must be filed within two years of the injury, under Va. Code § 8.01-243(A). Claims for children and claims against governments follow different timing rules.
- Contributory negligence. Being found even slightly at fault generally bars recovery in Virginia. See our guide to contributory negligence.
- Children. A child under seven is presumed incapable of negligence, which matters in many dog bite and burn cases.
- Dog bites. Virginia has no general strict liability dog bite statute; liability usually depends on the owner’s knowledge of the dog’s dangerous tendencies or on negligence, such as a leash law violation.
