Do personal injury settlements include compensation for long-term scarring?

Judge’s gavel resting on a courtroom table, symbolizing justice and legal action in personal injury cases involving compensation for long-term scarring.

If you’ve been injured in a crash, slip-and-fall, or any incident that left you with lasting marks, you’re probably wondering: Do personal injury settlements include compensation for long-term scarring? At Team Law, our New Jersey personal injury lawyers know how deeply scars can affect your life—both physically and emotionally. Scars aren’t just cosmetic; they can lead to ongoing medical expenses, emotional distress, and even impact your ability to work.

In this post, we’ll explain how long-term scarring factors into a personal injury settlement and outline the steps you can take to protect your rights.

Understanding Long-Term Scarring After an Injury

Long-term scarring refers to any skin damage that does not fully fade—whether it’s a raised keloid from a burn, a deep depression from tissue loss, or discoloration that never goes away. When someone suffers an injury, the body’s attempt to heal can leave behind visible reminders. Examples include:

A deep laceration from a car accident that heals but leaves a raised ridge.
A chemical burn from a defective product that causes permanent discoloration.
Abrasions so severe that even after stitches, the tissue never returns to its original state.

These scars can cause discomfort—tightness, itching, or even pain—long after the initial injury. They can also lead to psychological effects: anxiety when interacting with others, depression from changes in appearance, or self-consciousness about clothing choices. When a scar limits your daily activities or creates emotional hardship, it becomes an essential component of your injury claim.

How Long-Term Scarring Factors Into Settlements

Any New Jersey personal injury settlement aims to compensate for economic and non-economic damages. Economic damages include tangible losses such as medical bills, physical therapy, and lost wages. Non-economic damages cover intangible losses—pain and suffering, emotional anguish, and long-term scarring.

When you have a permanent scar, your settlement should account for:

Ongoing Medical Treatment: Even after initial wound care, you may need future procedures—laser therapy, skin grafts, or revision surgeries—to manage or reduce scarring. Those costs add up.
Pain and Suffering from Scar-Related Issues: Some scars restrict movement (contracture scars) or cause chronic itching. That physical discomfort is compensable.
Emotional Distress: Many clients experience anxiety or depression stemming from awareness of their scars. A personal injury lawyer at Team Law will work with mental health professionals to document therapy sessions, diagnoses, and prognosis, ensuring emotional damages are reflected in your settlement.
Impact on Daily Life and Work: If your scar limits your ability to use a part of your body—like a hand that can’t fully grip because of a contracture—you may lose earning capacity. Or if facial scarring affects your confidence, your enjoyment of social interactions can suffer. These outcomes translate into compensation calls for loss of enjoyment of life.

With most personal injury lawsuits, insurance companies want to settle quickly and for as little as possible. That makes it crucial to have a lawyer who understands how to place a realistic value on long-term scarring. Team Law negotiates with insurers, presenting medical records, expert testimony, and documented psychological impacts to justify a settlement that covers all your needs.

Proving Your Claim When Scarring Is at Issue

To include long-term scarring in your settlement, your legal team must prove that (1) the defendant’s negligence caused your injury, and (2) the scarring is a direct result of that injury. Here’s how Team Law approaches this:

Collecting Detailed Medical Records: All physician notes, wound-care documents, and future treatment recommendations establish a timeline and medical necessity.
Photographic Evidence: Clear, dated photos of the scar from different angles—right after the injury, during healing, and once the scar matures—help insurers visualize the damage.
Expert Opinions: Dermatologists or plastic surgeons can testify regarding scar severity, treatment options, and predicted costs for future care. Mental health experts document emotional distress.
Witness Statements: Family, friends, or coworkers who observed changes in your behavior, mood, or physical limitations because of the scar add credibility to emotional-distress claims.

In New Jersey, courts recognize that non-economic damages—like long-term scarring—require careful, precise proof. Team Law gathers all evidence, ensures medical experts are on your side, and packages your case in a way that insurers can’t ignore. That’s why even though most cases settle, we’re prepared to file suit and take your case to trial so you aren’t pressured into accepting less than your claim is worth.

Types of Scars and Their Legal Implications

Not all scars are the same. The type of scar impacts how much compensation you can seek:

Hypertrophic Scars

These scars are raised and red but remain within the wound’s boundary. They may itch or cause tightness. In a legal claim, hypertrophic scars support a significant pain-and-suffering component, especially if medical experts conclude they’ll persist.

Keloid Scars

Keloids extend beyond the original wound and can grow over time. They often require multiple interventions—laser therapy, corticosteroid injections, or surgical removal. The need for ongoing treatment typically increases economic damages and justifies higher future-care costs.

Atrophic Scars

Indented scars—commonly from acne, chickenpox, or deep tissue loss—create sizable depressions in the skin. If atrophic scars hinder mobility or require reconstructive surgery, they substantiate lost-wage claims and cover the cost of specialist visits.

Contracture Scars

Often resulting from severe burns, contracture scars tighten the skin until mobility is limited. If a scar across your elbow or knee prevents you from fully bending, you may lose the ability to perform manual tasks. Your attorney will work with occupational therapists to determine lost earning capacity, and future care plans for physical therapy.

Team Law’s knowledge of scar types and their long-term implications allows us to anticipate the full scope of your needs—medical, psychological, and vocational—when negotiating with insurers or presenting to a judge and jury.

Calculating Damages for Long-Term Scarring

Once proof of scarring is established, the next step is calculating damages. Team Law considers:

Past Medical Expenses: All bills tied to the original injury and scar treatment (wound care, surgeries, medications, therapy).
Future Medical Costs: Expert testimony estimates the cost of future scar revisions, laser treatments, or reconstructive procedures.
Lost Wages and Earning Capacity: If a scar affects your ability to work—lifting restrictions or limitations that force early retirement—your settlement should reflect lost wages now and in the future.
Pain and Suffering: Non-economic damages for the physical pain associated with scarring—itching, tightness, sensitivity to sunlight.
Emotional Distress: Psychological consequences such as depression, anxiety, or PTSD related to self-image after disfiguring scars.
Loss of Enjoyment of Life: If you can’t enjoy activities you once loved—swimming, public speaking, or social events—because of embarrassment or limited mobility, that loss must be compensated.

To calculate pain and suffering, Team Law uses our experience to negotiate a multiplier that accurately reflects long-term scarring’s impact. For example, a scar requiring multiple surgeries and leading to depression may justify a higher multiplier than a minor hypertrophic scar.

Why Most Personal Injury Cases Settle—and When Team Law Fights in Court

A large majority of personal injury suits in New Jersey resolve in settlement rather than trial. Settlements save time and avoid the unpredictability of a jury verdict. Insurance companies often start with a lowball offer, hoping you’ll accept quickly. Without legal representation, it’s easy to undervalue long-term scarring.

Team Law’s approach:

Demand a Fair Offer: We send a detailed demand package—including all evidence of scarring and expert estimates—forcing insurers to make a credible offer.
Negotiate on Your Behalf: Adjust the demand based on insurer responses; we push back on attempts to downplay non-economic damages.
Prepare for Court: If the insurer’s best offer still doesn’t cover long-term scarring and related losses, we file a lawsuit. Insurance companies know we’re trial-ready, which often leads them to increase settlement offers rather than face a courtroom.
Litigation: If necessary, we present your case to a judge or jury, using expert testimony, demonstrative evidence, and persuasive arguments to prove fault and quantify damages, including long-term scarring.

Our willingness to go to court strengthens your bargaining position. Settlements rarely exceed what a jury might award. When scars alter your life in profound ways, Team Law will not hesitate to litigate for justice.

Protecting Your Rights After an Injury in New Jersey

To ensure your long-term scarring is fully compensated, take these steps immediately after an injury:

Seek Medical Treatment Right Away: Early wound care can minimize scar severity, but you still need documentation that the injury occurred.
Follow All Medical Advice: Skipping appointments or refusing recommended procedures (like scar-revision surgeries) can allow insurers to argue that you failed to mitigate damages.
Document Everything: Keep a journal of pain levels, emotional setbacks, and the ways a scar affects daily routines (like struggling with mobility or feeling embarrassed in social situations).
Photograph Progress: Take photos on a consistent schedule—immediately after injury, during healing, and once scars mature. Clear, dated images help demonstrate permanence and severity.
Consult a Personal Injury Lawyer Right Away: In most cases you have two years from the date of injury to file a lawsuit in New Jersey, although depending on the Defendant in your case the time to file certain Notices of Claim necessary to preserve your right to bring a case can be as short as 90 days. Team Law offers free consultations—early involvement ensures no evidence is lost and your claim is filed on time.

Frequently Asked Questions About Long-Term Scarring

Q: Will insurance pay for cosmetic treatments for scarring?
A: If your doctor deems treatment necessary—such as laser therapy or skin grafts—those costs count as medical expenses. We work with trusted medical experts to establish medical necessity so insurers can’t deny coverage.

Q: Can I seek compensation for emotional distress linked to my scars?
A: Yes. Emotional distress is a non-economic damage tied to long-term scarring. Counseling records, psychiatric diagnoses, and therapist statements support this aspect of your claim.

Q: How does comparative negligence affect my claim if I was partly at fault?
A: New Jersey uses a modified comparative negligence rule: as long as you’re less than 50% at fault, you can recover damages reduced by your percentage of fault. For example, if you’re 20% at fault and entitled to $100,000, you’d receive $80,000. Team Law investigates thoroughly to minimize any shared fault attributed to you.

Q: Is it worth going to court instead of accepting a settlement offer?
A: If a settlement doesn’t cover full damages—especially costs tied to long-term scarring—litigation is often necessary. Team Law evaluates each case individually, weighing potential trial outcomes against settlement offers. Because we’re prepared to go to court, insurers frequently increase their offers before trial.

Contact Team Law to Pursue Compensation for Long-Term Scarring in New Jersey

If you or a loved one is living with scars that won’t fade, let Team Law help you pursue the compensation you need. We know how to include long-term scarring in settlement negotiations and, when necessary, litigate in court. Our personal injury attorneys work on a contingency basis—no fees unless we win. We handle all communication with insurers, gather medical and expert evidence, and guide you through each step.

Get a Free Consultation from Team Law Today

You deserve justice—don’t let lasting scars become a lifelong burden. Call Team Law now at 732-896-2560. You can also reach us online by filling out our online contact form. We’re available 24/7 to discuss your case and answer any questions about long-term scarring compensation. Let our New Jersey personal injury lawyers fight for the settlement—or verdict—you deserve.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.