I answer this question in this article. I’ll share some of my settlements (with amounts) for scar cases. You’ll see photos of the actual scar. This will help you get a better idea of what it looked like.
You’ll get to learn how the scar specifically affected the settlement amount.
I won’t stop there.
As an added bonus, I’ll also share some settlements where the injury was discolored skin.
Can I sue for a scar?
Yes, if someone was careless and caused your scar. This means that aren’t entitled to a penny for pain and suffering if you were 100% at fault for causing the accident.
Some states have car accident laws that require the scar to meet certain requirements in order for you to get money for pain and suffering. For example, in Florida, in many car accident cases, you need a permanent and significant scar in order to get compensation for pain and suffering associated with it. However, that law does not apply in every car accident case. A car accident lawyer knows the standard that you’ll need to meet to get a payout for scar.
But don’t be to worried about that standard. Car insurance companies may still offer compensation for pain and suffering even for small scar. In a moment, you’ll see this from my settlements below.
If you have a bad scar, it is worth more than if the scar is small.
Is there a calculator that can tell you how much compensation you’ll get for a scar?
However, there is not a calculator that can tell you how much a scar is worth. The reason is that a scars are very different. A scar could be very small (and thin), or it could be big and wide.
People put a significance on scars because scars tell us a story. Generally speaking, scars on a woman are worth more than on a man. This is because scars on a man can be associated with being tough. Some men consider it an honor to have a scar.
Insurer’s Offer May Be Based on Adjuster’s Background
Adjusters and jurors look at the value of a scar based upon their background.
An adjuster who is more of an outdoorsman (e.g. hiker, hunter, etc.) may assign less of a value to a scar than an adjuster who doesn’t engage in riskier activity.
With females, things are different. People don’t think that a woman will have had a better life if she had a scar. Usually, reporters or politicians do not have scars.
Yet the villains in movies, such as Tony Montana in Scarface or Scar in the Lion King, have scars. Scars can be associated with being evil.
An adjuster may not offer you the full value of the scar if you do not explain the significance of the scar and how it affects you.
If you have a significant scar, an economist can explain that someone without a scar is more likely to get a job than someone with a scar. This is because the interviewer may associate a story with the person with a scar.
Scar May Decrease Your Ability to Make Money in the Future
Thus, you can argue that having a scar can decrease your loss of earning capacity (ability to earn money in the future).
For example, let’s say that you are in a car accident and the shattered glass cuts you and causes you to have scars on both of your wrists.
When people look at you, they may think that you have tried to harm yourself or commit suicide even though this isn’t the case. This negative view by others may decrease your enjoyment of life.
If you have a surgery as a result of an incident, you should explain in your demand letter to the adjuster that the scar is a permanent reminder of the surgery.
Do this even if the outcome of your surgery was great. Do not be embarrassed when speaking with the claims adjuster about your scar.
Send the liability insurer pictures of how the scar first looked after the surgery, and let them know about the things people mentioned to you when they saw the scar.
Your chance to express your unhappiness with the scar is in your demand letter and on phone calls with the adjuster. Some people change the way they position their hair, or the clothes that they wear, if they have a scar.
This should be mentioned to the adjuster if you do this.
If you have other scars that weren’t caused by the accident, be realistic when you are expressing your complaints about the scar that was caused by the incident.
You can find many studies online that talk about the effect of scars on the enjoyment of life. Send these to the adjuster.
Facial Scars Are Worth More (Than Other Scars)
All things equal, if someone’s carelessness caused a facial scar, it is worth more than a scar on another part of the body. This is true regardless of whether you are an adult or a child. This is because people spend more time staring at your face than any part of your body.
When you are dressed up, for example, people may only be able to see your face. Scars on parts of your body that are not even visible while you are wearing a bathing suit are worth more than scars that are visible if you are wearing a skirt, shorts or a short sleeve shirt.
Scar Cases Usually Don’t Increase in Value (Through Time)
Most scars become less noticeable as time passes. Shortly after an accident, the injured person may have stitches and thus the cut is noticeable, but when we are ready to settle their case the scar is not even noticeable.
Scars On Kids Are Worth More (Than On Adults)
Since a child has longer life expectancy and is more insecure than an adult, the pain and suffering component of a scar on a child is generally worth more than on an adult if all facts of the case are equal.
$300K Settlement for Scar on Leg (and Fracture)
Ryan was a Georgia resident who was visiting Florida. While in Clearwater, Florida, another driver made a left hand turn and cut Ryan off. As a result, they crashed.
$250K Settlement for Scars and Broken Arm (Slip and Fall)
On April 20, 2018, Angela was staying at the Legacy Vacation Resorts in Lake Buena Vista, Florida. This hotel is located near Orlando. It’s not too far from Walt Disney World and Universal Studios Orlando.
While getting into the bathtub, she slipped and fell. She claimed that the bathtub flooring was as slick as ice. As a result of the fall, she broke her arm. At Orlando Health hospital, Dr. Benjamin Service operated on it. That’s the same hospital that often treats people who are injured at Walt Disney World or Universal Studios Orlando.
Next, she completed the form on my website so that she could Get a Free Consultation to see if I could be her attorney. Within minutes of receiving her contact information, I personally reviewed her version of the events. I told her that I could represent her.
However, she wanted to take the night to decide whether to hire me. I told her that she shouldn’t give a statement to the hotel or its insurance company. Giving a statement to a hotel’s insurance company is one of 5 mistakes that can kill a personal injury case.
The next day, she hired me. Once I became her lawyer, I aggressively worked her case. I didn’t take No (from the hotel’s insurer) for an answer. Even after Philadelphia Insurance Company offered me just $12,500 to settle.
Many months after Angela’s surgery, she still had pain. Thus, the surgeon removed the hardware. Here is a photo after the hardware removal surgery.
Incision after open surgery where hardware was removed from upper arm.
Angela currently has two scars on his arm. Most of the $250,000 settlement was not for the two scars. All things equal, the value of a scar on an arm is worth less than the settlement value of a broken arm and surgery.
$170K Settlement for Scar from Broken Arm and Surgery
A rental car passenger broke his arm in a car accident. He hired me as his personal injury lawyer.
He had surgery to his upper arm bone (humerus). Here is the scar:
Current scar.
His scar was big. However, the scar wasn’t the biggest part of the claim. The most valuable part of the claim was that he had surgery to fix a fracture.
Within 8 months of the accident, ESIS (Ace) paid us $170,000 to settle Zach’s injury claim. Zach received about $113,000 in his pocket (after my attorney’s fees and costs).
$87K Settlement for Scar and Nerve Damage (Dog Bite)
A man was employed as a meter reader in Fort Lauderdale, Florida. While at a customer’s house, he was given permission to go into the backyard to read the meter. The owner’s Pit Bull (dog) bit him on his forearm. Fortunately, the dog bit his arm and not his face.
He had some minor nerve damage in his arm along with a scar. He was doing well after he finished his medical treatment.
I told my client that he had the option of seeing a plastic surgeon. The purpose of the visit was for the plastic surgeon to tell him whether a scar revision (surgery) would improve the appearance of his scar.
The plastic surgeon was Dr. Bernabe Vazquez. I paid Dr. Vazquez to write a report which gave the costs of future surgery to revise (fix) the scar.
A believe that this report increased the settlement amount of this case.
State Farm paid $87,000 to settle the case. If the dog would have bitten his face instead of his arm, the settlement would have been bigger. This is because insurance companies usually pay more for facial scarring.
Infinity Insurance company insured the Jeep driver who paid its $10,000 BI liability insurance limits.
Progressive was my client’s uninsured motorist insurer. Her uninsured motorist insurance limits were $10K non-stacking. Progressive wouldn’t pay the $10K limits.
I filed a civil remedy notice of insurer violation with the Florida Department of Insurance. Progressive paid the $10K underinsured motorist insurance limits. This is one of my many Progressive car accident settlements.
$20K Settlement for Scar on Finger, and Soft Tissue Injuries (Car Accident)
They also paid $1,000 in Medpay coverage. I didn’t charge a fee on the Medpay portion of the settlement.
Why not?
Because we settled without suing.
The injured person should only hire an attorney who doesn’t charge a fee on Medpay benefits recovered. The claimant should ask this question to the attorney before hiring him or her. It can prevent an issue from later arising.
I’m happy to report that I don’t charge attorney’s fees on Medpay unless I sue.
Bicyclist Hit By Car Gets $17,500 Settlement for Scar Below Chin, and on Abdomen
A bicyclist was riding against the flow of traffic, in Fort Lauderdale, Florida. A car hit her. (The crash diagram is above.)
An ambulance took him from the accident scene to the hospital. He was diagnosed with a head injury. A doctor gave him stitches to his head. He was left with a small scar.
United Auto Insurance Company insured the at fault driver with a $10,000 BIL insurance policy. United Auto paid us the $10,000 BIL limits to settle his personal injury claim.
Unfortunately, the driver wasn’t driving for Uber or Lyft that would have given him more insurance coverage. Our client didn’t own a car or live with relatives. Thus, he wasn’t entitled to uninsured motorist insurance.
$5K Settlement for 2 Small Scars on Knee (Car Accident)
Anthony was driving his car, heading east on SW 24th Street in Miami, Florida. A car ran a red light and hit Anthony.
Why Choosing the Right Plastic Surgeon Matters (in an Injury Cases)
I once heard an attorney say that the injured person’s doctor is more important to the case than his attorney. That may be true in some cases.
Simply put:
A plastic surgeon can have a big influence on the value of a scar case.
It’s important to know which plastic surgeons will be fair to the injured person. For one, it saves the injured person time from calling random plastic surgeons who have no interest in seeing a patient who has an injury claim.
Also, the injured person wants to get treatment from a plastic surgeon who will actually write a report. Insurance companies need documentation to justify settlement offers. When the claimed injury is a scar, documentation comes in three forms. They are: Photos, medical records and bills.
The claimant (or his attorney) should only hire a plastic surgeon who is willing to testify in court.
Fortunately, most cases settle before a lawsuit. However, the injured person wants to pick a doctor who will be willing to cooperate in the case. And by “cooperate”, I just mean testify to the truth.
Some cases wind up going to trial. You want a plastic surgeon who will go to bat for you.
Should you get an attorney if you have a scar from an accident?
Yes, if someone else caused your accident. Why should you hire an attorney after a car accident (or other incident)?
First, personal injury lawyers have years of experience handling claims. Second, hiring an attorney will save you several hours of time. You won’t have to send countless emails and make dozens of phone calls to the insurance company. If you think that you will get in contact with the insurance adjuster on the first try, I have bad news. You won’t.
Even a TPA Manager at Wal-Mart’s stores says that adjusters are overwhelmed. Specifically, he said that:
Surveys of … adjusters’ show that even at a caseload of 130 files adjusters consider themselves in a reactive mode being overwhelmed with phone calls data entry and email requests.
Who Are the Best Plastic Surgeons for Accident Cases?
I recommend Dr. Thomas Zaydon. My office is in Miami so I am most familiar with Florida doctors.
Dr. Zaydon is located in Coconut Grove, Miami-Dade, Florida. Several accident lawyers have gotten good results where Dr. Thomas Zaydon was the plastic surgeon. He can testify in scar or burn cases.
A word of caution. When looking for a plastic surgeon or any doctor, check to make sure that they are actively licensed in the state where they’ll be giving treatment. Also, you may want to see if they have any disciplinary history with the state medical board.
