How are disfigurement and scarring damages calculated in the US?
Permanent scarring is compensated as non-economic damages (a component of pain and suffering) plus the economic cost of reconstructive surgery. Juries weigh the scar's visibility and location, permanence, the victim's age and occupation, and the emotional and social impact. Visible facial scars command the highest awards.
Does disfigurement meet the no-fault serious-injury threshold?
Yes. In no-fault/PIP states, significant permanent disfigurement or scarring is commonly listed as a category that satisfies the serious-injury threshold, allowing the victim to pursue pain and suffering damages against the at-fault driver despite the no-fault bar.
Are reconstructive surgery costs recoverable?
Yes. Past and future costs of scar revision, laser treatment, and reconstructive plastic surgery are recoverable as economic damages, supported by a treating surgeon's estimate. These are separate from the non-economic award for the disfigurement itself.
How much is a permanent facial scar worth?
There is no formula; values vary widely by jurisdiction, visibility, and the victim. Minor scars may add a few thousand dollars, while prominent permanent facial disfigurement - especially in young plaintiffs - can drive six-figure or higher non-economic awards, subject to any state cap.
Do damage caps apply to scarring awards?
In states with non-economic damage caps (often in medical malpractice), the disfigurement award counts toward the cap. In states without general caps, juries have broad discretion. Economic surgery costs are typically not subject to non-economic caps.