By Jeff Swiech, Personal Injury Attorney
Gallon, Takacs & Boissoneault Co., L.P.A.
If an accident leaves you with a permanent scar, that scar can be an important part of your personal injury claim. No standard dollar amount is assigned to a scar. Its location, visibility, permanence, severity, treatment options, and effect on your life can all matter when evaluating damages.
Ohio and Michigan also treat permanent scarring and disfigurement differently. In Ohio, a permanent and substantial physical deformity can affect whether the state’s ordinary limitation on noneconomic damages applies. In Michigan motor vehicle cases, permanent serious disfigurement is one of the legal thresholds that can allow an injured person to pursue noneconomic damages.
But when I talk with someone who has been scarred in an accident, the first conversation I want to have is not about what that scar might be worth.
A Seinfeld Story With a Real Lesson
One of my favorite Seinfeld storylines involves Kramer and the infamous “Chinese balm.”
Kramer burns himself with a scalding hot café latte and, with the help of his attorney, Jackie Chiles, prepares to sue the coffee company. Then Kramer is given a mysterious Chinese balm. He puts it on the burn and, almost miraculously, the injury disappears.
Jackie Chiles is horrified. The physical evidence of Kramer’s injury, the very thing his attorney planned to use to prove the claim, is suddenly gone. Kramer thereafter settles his case for unlimited coffee, and jittery comedy follows.
Real injury cases obviously aren’t Seinfeld. But there is a legitimate lesson buried in the joke.
When someone is injured, the first priority should be treating the person, not preserving an injury because it might someday matter in a lawsuit.
Help the person first. Then work on the damages claim.
That is particularly important when the injury involves scarring or disfigurement.
Can Scarring Affect a Personal Injury Claim?
Yes. Temporary disfigurement and permanent scarring can both change a person’s life. The legal significance of permanent scarring depends on the facts of the case and the law that applies.
Consider a woman involved in a serious automobile accident who develops two badly bruised black eyes. She may eventually heal completely and never have a permanent scar. But for several weeks or months, she may feel uncomfortable going to work, shopping, attending church, seeing friends, or going to social events because people notice her face and make assumptions about what happened.
She knows she was injured in a car accident.
The stranger in the grocery store does not.
Some people may stare. Some may ask questions. Others may assume she was assaulted or that something else happened to her.
None of that creates another medical bill. But it still forms part of what she experienced because of the accident.
A visible injury can affect a person’s confidence, relationships, work, social life, and willingness to be around other people. Those effects help show the full impact of the injury.
How Does Ohio Law Treat Scarring and Disfigurement?
In Ohio, the law includes disfigurement as a form of noneconomic loss. Noneconomic damages compensate for losses that do not come with a precise dollar amount, such as pain and suffering, mental anguish, and disfigurement.
That distinction matters.
There is no invoice for feeling self-conscious because people stare at your face. There is no receipt for the embarrassment of having strangers make assumptions about you because of a visible injury.
A jury can still consider those consequences when evaluating noneconomic damages.
Ohio law also treats some permanent injuries differently. Under Ohio Revised Code § 2315.18, a permanent and substantial physical deformity can qualify for an exception to the ordinary statutory limit on noneconomic damages.
Not every scar meets that standard. The nature of the injury and the evidence supporting it matter.
What is a Permanent and Substantial Physical Deformity in Ohio?
Ohio law does not give us a simple measuring stick for determining when a scar becomes a permanent and substantial physical deformity.
There is no rule saying a scar must be a certain number of inches long. There is no automatic rule based solely on where the scar appears.
The facts matter.
The scar’s permanence, severity, appearance, physical characteristics, and other evidence surrounding the injury may all become important.
A barely noticeable scar presents very different circumstances from a significant scar that remains visible every day.
That is why the question is not simply:
“Does this person have a scar?”
The better question is:
“What does the evidence show about this particular scar and its consequences?”
How Does Michigan Law Treat Permanent Scarring?
Michigan law requires a different analysis, particularly when scarring results from a motor vehicle accident.
Under Michigan’s no-fault law, a person injured in a motor vehicle accident may pursue noneconomic tort damages when the injury involves death, serious impairment of body function, or permanent serious disfigurement.
A permanent scar does not automatically satisfy the permanent serious disfigurement standard. Michigan courts have focused on whether the disfigurement is both permanent and serious and have looked closely at the physical characteristics of the injury.
That can include what the scar looks like, its size, coloration, prominence, and other characteristics that affect the person’s appearance.
Michigan courts have explained that permanent serious disfigurement involves a long-lasting and significant change that mars or deforms a person’s appearance.
This is another reason photographs and medical documentation can become so important in a scarring claim. A description saying someone “has a scar” does not necessarily tell the whole story.
Can a Temporary Injury Still Matter?
Absolutely.
Temporary does not mean insignificant.
Go back to the person with two black eyes. She may eventually recover completely, but while she is healing, the injury can be impossible to hide.
She may have to answer questions from coworkers. She may avoid seeing friends. She may worry about what strangers think happened. She may skip things she normally enjoys because she does not want people looking at her.
Those are real consequences of the accident.
Those are two different questions.
One asks what the person actually experienced while recovering.
The other asks whether a permanent injury satisfies a particular statutory standard.
How Much Is a Permanent Scar Worth?
There is no fixed dollar value for a scar.
A jury does not receive a chart saying a facial scar is worth one amount, a hand scar another, and a leg scar something else.
Instead, the evidence must tell the story of what happened to this particular person.
That evidence can include photographs taken during the healing process, photographs of the permanent result, medical records, testimony from the injured person, testimony from family members or coworkers, and testimony from treating physicians or other appropriate experts.
Future treatment or procedures may also be relevant when supported by medical evidence.
A jury is not really being asked, “What is a scar worth?”
It is being asked to understand what this particular person experienced because of this particular injury.
Two people can have similar-looking scars and have very different experiences because of their jobs, ages, lifestyles, personalities, and the characteristics of the injury.
Some individuals are also more prone to keloid formation. Even after scar revision, a scar may return or become worse.
There is no responsible way to determine the value of a scarring claim from a photograph or measurement alone.
Does the Location of a Scar Matter?
It can.
A scar on someone’s face may be visible every time that person looks in a mirror and every time another person looks at them. A scar on another part of the body may be less noticeable.
That does not mean a facial scar has an automatic legal multiplier or predetermined value.
It means the location and physical characteristics of the scar can be part of the evidence used to understand the injury.
The same principle applies to scars on the hands, arms, legs, neck, abdomen, or other areas of the body. The question should remain focused on the actual injury and the evidence, not a formula.
What Evidence Helps Prove a Scarring Claim?
Photographs are often extremely important.
An injury that looked dramatic immediately after an accident may look very different six months later. Documenting the injury throughout the healing process can help show the progression from the original trauma to the final result.
Medical records can establish the nature of the injury, what treatment was required, and what healthcare providers say about healing, permanence, or future treatment.
The injured person’s own testimony also matters.
A photograph can show what a scar looks like. It cannot necessarily show what it feels like to live with that scar.
Depending on the case, family members, friends, or coworkers may also be able to describe changes they observed after the accident.
As I tell clients, “When we talk about a scar in a personal injury case, I don’t want clients thinking we care only about what the scar might be worth. My first concern is the person who has to live with it. If treatment can make the scar less noticeable, I want my client to pursue it. We are trying to help the person recover, not preserve an injury because we think it might increase a damages claim.”
That is an important part of documenting a scarring claim. The evidence should show what happened and how the injury affected the person, but treatment and recovery should always come first. – Jeff Swiech, Personal Injury Attorney, Gallon, Takacs & Boissoneault
Why Insurance Companies May Dispute Scarring
Insurance companies may dispute the significance or permanence of a scar.
They may argue that a scar is cosmetic, that it will continue to fade, that additional treatment is unnecessary, or that the injury does not meet a particular legal standard.
That is why evidence matters.
Photographs can show what the injury actually looks like. Medical records can address treatment and permanence. The injured person can explain how the injury has affected everyday life.
A scarring or disfigurement claim should be supported by evidence, not simply by a number placed in a demand letter.
Treat the Person, Not the Damages Claim
Another point I make with clients has nothing to do with calculating damages.
Treat the person, not the damages claim.
If something is reasonably available that may improve the appearance of a scar, I want the client to discuss it with their healthcare provider.
For some people, over-the-counter products such as scar gels or silicone scar tape may eventually be appropriate after a wound has properly healed. Other injuries may require evaluation by a dermatologist, plastic surgeon, or another medical professional.
What treatment makes sense is a medical question, not a legal one. Follow the advice of your healthcare providers.
The goal is not to make the scar more valuable.
The goal is to help the person recover.
If treatment can make someone healthier or improve the appearance of an injury, that is what I want the client to pursue. We can deal with the legal consequences based on what actually happened.
The person is more important than the damages claim.
Always.
Common Mistakes That Can Hurt a Scarring Claim
Visible injuries may seem as though they speak for themselves, but evidence can change as an injury heals.
One of the biggest mistakes is failing to photograph the injury over time. Take photographs while the injury is fresh and continue documenting the healing process.
Follow your healthcare provider’s recommendations and tell your providers about concerns involving scarring, discoloration, pain, sensitivity, restricted movement, or other continuing problems.
Do not assume medical records will automatically capture what a scar looks like. A physician may describe a wound clinically without documenting how visible or prominent it appears.
Be careful about posting photographs, comments, or updates about the injury on social media.
And do not assume that every permanent scar automatically satisfies Ohio’s permanent and substantial physical deformity standard or Michigan’s permanent serious disfigurement standard in an automobile case. Those are legal standards that depend on the facts and evidence.
Finally, do not minimize what a visible injury has done to you simply because someone else calls it “cosmetic.”
If the injury affects your confidence, work, relationships, social activities, or willingness to be around other people, talk about those consequences with your attorney.
How Can a Personal Injury Attorney Help?
That can include obtaining medical records, preserving photographs, documenting the progression of the injury, reviewing medical evidence concerning permanence, and understanding how the injury has affected the person’s everyday life.
An attorney can also present that evidence to the insurance company, negotiate the claim, and, when necessary, present the evidence in court.
Damages should not be a number pulled out of thin air.
The attorney’s job is to build an evidentiary record that allows the insurance company, judge, or jury to understand the actual human consequences of an injury.
That can be especially important with scarring because a photograph may show what an injury looks like, but it does not necessarily explain what it means to live with that injury every day.
Frequently Asked Questions About Scarring Claims
How much is a scar worth in a personal injury case?
There is no fixed value for a scar. The severity, permanence, physical characteristics, treatment, supporting evidence, and effect of the injury can all matter. The applicable law also differs depending on where the claim arises.
Is scarring considered pain and suffering in Ohio?
Ohio law includes disfigurement within the definition of noneconomic loss. Noneconomic damages can also include pain and suffering, mental anguish, and other intangible losses caused by an injury.
Does permanent scarring remove Ohio’s damages cap?
Not automatically. Ohio law contains an exception involving a permanent and substantial physical deformity, but the existence of a permanent scar alone does not necessarily mean the exception applies. The particular injury and evidence must be evaluated.
What does permanent serious disfigurement mean in Michigan?
In Michigan motor vehicle cases, permanent serious disfigurement is one of the legal thresholds for pursuing noneconomic tort damages. Michigan courts examine the physical characteristics of the disfigurement and whether it represents a long-lasting and significant change to the person’s appearance.
Can a temporary facial injury still matter?
Yes. An injury does not have to leave a permanent scar to affect someone’s life while they recover. Temporary bruising, swelling, cuts, burns, or other visible injuries may still be relevant when evaluating what the person experienced.
What evidence helps prove the impact of a scar?
Photographs taken over time, medical records, treatment records, testimony, and medical evidence concerning permanence or future treatment can all be important. The injured person’s own description of living with the injury can also provide context that a photograph cannot.
Should I treat my scar if I have a personal injury claim?
Yes. Follow your healthcare provider’s recommendations. Your health and recovery come first. You should not avoid appropriate treatment because you are concerned that improving a scar might reduce the value of a personal injury claim.
Talk With a Personal Injury Attorney About Scarring and Disfigurement
A scar may be visible long after the medical appointments end. What is harder to see is how that injury affects the person living with it.
If you were injured in an accident in Ohio or Michigan and are left with permanent scarring or disfigurement, the legal issues can go beyond the cost of your medical treatment. The appearance of the injury, whether it is permanent, the treatment you may still need, and the effect it has had on your everyday life can all become important parts of a personal injury claim.
That is why these cases need to be evaluated as more than a photograph of a scar or a dollar amount on a medical bill.
At Gallon, Takacs & Boissoneault, our personal injury attorneys represent people injured in car accidents, truck accidents, motorcycle crashes, premises liability incidents, dog attacks, and other accidents throughout Northwest Ohio and Southeast Michigan. Our team can help document the injury, gather the medical evidence, address questions from the insurance company, and determine how Ohio or Michigan law applies to the scarring or disfigurement involved.
If you have questions about permanent scarring after an accident, call Gallon, Takacs & Boissoneault at 419-843-6663 for a free consultation. We can help you understand what evidence matters, what the law means for your situation, and what options you may have moving forward.
Jeff joined GT&B in 2008 as a law clerk. After graduation, he worked in election law. In 2011, he returned to GT&B as an Associate, focusing on personal injury cases like auto accidents, premises liability, general negligence, wrongful death, and dog bites. Now a Senior Associate in the Personal Injury department, he is passionate about protecting his clients who have suffered injuries through no fault of their own and ensuring they receive the justice and compensation they deserve.
