Burn scars don’t fade the way other injuries heal. They’re permanent. They’re visible. And they change how people see you and how you see yourself.
If you’ve suffered scarring or disfigurement from a burn injury in New York, you’re entitled to compensation that goes beyond medical bills. At Edelstein, Faegenburg & Blyakher, LLP, we’ve represented burn victims for over 80 years, and we understand that the emotional and psychological impact of permanent scarring often exceeds the physical pain of the original injury.
Why Scarring Damages Are Different
Most people understand compensation for hospital bills or lost wages. Those numbers are concrete. But how do you put a price on looking in the mirror and seeing someone different? How do you calculate the value of a stranger’s stare or a child’s uncomfortable question?
New York law recognizes these losses. Scarring and disfigurement fall under what’s legally called “pain and suffering,” but they deserve separate attention because they’re permanent, visible, and life-altering.
Factors That Determine Scarring Compensation
Courts and juries consider several factors when calculating compensation for burn scars and disfigurement. None of these exist in isolation. They work together to paint a picture of how your injury has affected your life.
Location matters more than you’d think. Facial scars carry higher compensation values than scars on your torso or back. Why? Because you can’t hide your face. Every interaction, every introduction, every job interview involves someone seeing your face first. According to New York’s Pattern Jury Instructions, juries can consider the visibility and prominence of scarring when determining damages.
Size and severity play a role. A small scar might be barely noticeable. Large, raised keloid scars or scars that distort facial features carry significantly higher values. Third-degree burns that destroy skin layers and require grafts typically result in more severe scarring than superficial burns.
Your age when injured affects the calculation. A 25-year-old with facial scarring will live with that disfigurement for potentially 50 or 60 more years. A child faces an entire lifetime of questions, stares, and self-consciousness. Younger victims generally receive higher compensation because they’ll carry these scars longer.
Career impact can’t be ignored. If you work in a field where appearance matters (sales, hospitality, entertainment, client-facing roles), visible scarring can directly affect your earning potential. Some victims can’t return to their previous careers at all.
What Gets Included In These Claims
When a Brooklyn burn injury lawyer evaluates scarring and disfigurement damages, we’re looking at multiple layers of harm:
- Physical pain: Scarred tissue can be tight, itchy, or painful. It doesn’t function like normal skin.
- Emotional distress: Depression, anxiety, and PTSD are common among burn victims with visible scars.
- Loss of enjoyment: You might avoid social situations, relationships, or activities you once loved.
- Self-consciousness: The constant awareness that people are looking at your scars takes a psychological toll.
- Future limitations: Some scarring restricts movement or requires ongoing treatment.
Insurance Companies Downplay Scarring
Here’s what we see constantly: insurance adjusters minimize scarring damages. They’ll point to makeup, clothing, or future plastic surgery as reasons to reduce your compensation. They’ll suggest your scars “aren’t that bad” or will “fade over time.”
Don’t accept this. Burn scars don’t fade significantly. Plastic surgery can improve appearance, but it rarely eliminates scarring, and you shouldn’t have to spend years and tens of thousands of dollars trying to fix what someone else’s negligence caused.
How Juries Actually Decide These Cases
When scarring cases go to trial, juries see photographs. They hear testimony from plastic surgeons about what’s possible and what isn’t. They listen to psychologists explain the emotional impact. Most importantly, they see you.
New York doesn’t cap non-economic damages like pain and suffering in most personal injury cases. That means juries have broad discretion to award what they believe is fair. We’ve seen scarring and disfigurement awards range from tens of thousands to millions of dollars, depending on severity and life impact.
Documentation Makes Or Breaks Your Claim
Strong scarring claims require strong evidence. Photographs throughout your recovery show how the scarring developed and stabilized. Medical records from plastic surgeons, dermatologists, and therapists demonstrate both the physical reality and psychological impact. Expert testimony explains why certain scars are permanent and what limitations they create.
Without this documentation, you’re asking a jury to take your word for it. With comprehensive evidence, they can see exactly what you’ve lost.
Time Limits Apply To Burn Injury Claims
New York gives you three years from the date of injury to file most personal injury lawsuits. That sounds like plenty of time, but burn cases are complex. Scarring evolves over months or years. You need time to understand the full extent of your permanent injuries before settling.
Starting the legal process early, even while you’re still being treated, protects your rights and gives your attorney time to build the strongest possible case.
You’re living with scars that weren’t your fault. You deserve compensation that reflects not just medical costs but the permanent changes to your appearance, your confidence, and your life. Contact a Brooklyn burn injury lawyer who’ll fight to make sure your settlement or verdict accounts for every way your burn injury has affected you, now and in the future.