In Texas, disfigurement is a separate element of damages, so scars from a crash or from surgery can be compensated in their own right. Value depends on the scar's location, size, visibility, permanence, effect on the person, and whether revision surgery is needed. Owsley Law Firm reviews claims free and charges no fee unless we win.
Scars from broken glass, road rash, burns, and surgery are among the most lasting reminders of a crash. Texas law recognizes disfigurement as its own category of damages, separate from pain, mental anguish, and physical impairment.
This page explains how scarring and disfigurement are valued in a Texas injury claim and how to document a scar so its full effect is understood.
Does Texas pay for scars from a car accident?
Yes. Disfigurement is a separate element of damages in Texas, distinct from pain and suffering.
Scars can also carry physical symptoms such as itching, tightness, sensitivity, or pain, especially in the first year. Those symptoms are part of physical pain and, if lasting, physical impairment. Reporting them to your doctor keeps them in the record alongside the photographs.
Texas courts describe disfigurement as an injury that impairs a person's appearance. It is compensable for the past and, if permanent, for the future.
Because it is separate, a scar can carry value even when the underlying injury has otherwise healed.
How is a scar valued?
By its location, size, visibility, permanence, and effect on the person, not by a formula.
A facial scar on a young person is valued differently from a small scar in an area usually covered by clothing. Juries and adjusters look at the scar itself, so good photographs and, where appropriate, in-person viewing matter.
Testimony about how the scar affects confidence, relationships, and work helps explain its full effect.
When should a scar be evaluated?
After it matures, because scars change appearance for many months.
A new scar often looks very different from how it will look a year later. Settling before the scar matures risks undervaluing a permanent scar or overvaluing one that fades.
A plastic surgeon can evaluate the mature scar and whether revision is possible.
Is scar revision surgery part of the claim?
Yes, when a physician says it is reasonably probable, its cost and recovery can be included as future care.
Revision can improve a scar but often cannot erase it. Both the cost of revision and the remaining disfigurement can be part of the claim.
The surgeon's opinion on what revision can achieve is important evidence.
How do insurers try to reduce disfigurement value?
By calling the scar minor, arguing it will fade, or pointing to its location under clothing.
Photographs taken over time, with consistent lighting and a ruler for scale, answer the minor-scar argument. A physician's opinion on permanence answers the fading argument.
Even scars in covered areas can matter to the person, and testimony explains why.
How do fault and coverage affect a scarring claim?
Your share of fault reduces recovery under Chapter 33, and the at-fault policy limits what that insurer pays.
Disfigurement is typically one part of a larger claim that includes the underlying injury. The combined value may exceed the at-fault driver's policy, which makes your own underinsured coverage relevant.
Texas generally allows two years under section 16.003 to file suit.
How do scars combine with other damages in a claim?
Disfigurement is valued alongside medical costs, lost income, pain and mental anguish, and physical impairment, and each must be proven separately.
Texas courts expect each element to be a distinct loss so there is no double counting. A scar that also limits movement, for example over a joint, may support both disfigurement and physical impairment, but each is presented with its own evidence.
Mental anguish tied to a scar, such as self-consciousness or avoiding social situations, is part of the mental anguish element and should be described with specific examples.
Features that affect disfigurement value
| Feature | Why it matters | How it is shown |
|---|---|---|
| Location | Visible areas such as the face and hands weigh more | Photographs |
| Size and texture | Larger, raised, or discolored scars are more noticeable | Photos and physician notes |
| Permanence | Scars that will not fade are permanent losses | Physician opinion after the scar matures |
| Revision options | Future surgery adds cost and may not fully restore appearance | Plastic surgeon evaluation |
| Personal effect | Self-consciousness and changes in social life | Testimony |
What evidence proves it
- Photographs of the injury and scar from the first day forward
- Medical records describing the wound and treatment
- A plastic surgeon's evaluation of the mature scar
- Estimates for revision surgery
- Testimony about the scar's effect on daily life
- Records of the underlying injury
Mistakes that cost people money
- Not photographing the wound and scar as it heals
- Settling before the scar matures
- Assuming a covered scar has no value
- Overlooking revision surgery costs
- Leaving disfigurement out of the demand
Frequently asked questions
Can I get compensation for a scar even if my injury healed?
Yes. Disfigurement is a separate damages element in Texas, and a permanent scar can carry value on its own.
Do facial scars increase a settlement?
Visible scars, especially on the face, usually carry more weight than scars in covered areas.
Should I wait to settle until my scar heals?
Generally yes. Scars change for months, and waiting lets a physician evaluate the mature scar.
Can I recover the cost of scar revision?
Yes, when a physician says it is reasonably probable.
Does Owsley Law Firm review scarring claims?
Yes. The review is free, and the firm charges no fee unless it recovers.
This page is general information about Texas law and is not legal or medical advice. Every case depends on its own facts. Contact the firm for a free review of yours.
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