Scarring and Disfigurement Injury Lawyer in Louisville, Kentucky

Reviewed by Larry Forman, Attorney

A scar is a permanent reminder of the worst day of your life. People notice it before they notice you. Children ask about it. You may change how you dress, how you wear your hair, or whether you go to the pool at all.

Scars and disfigurement are real injuries with real consequences, and Kentucky law treats them seriously. This page explains the types of scars, what treatment can and can’t do, why you shouldn’t rush to settle, and how disfigurement fits into a Kentucky injury claim.

Key points

• A scar can be improved but not erased, according to the American Society of Plastic Surgeons.
• Scars change for months. Some keloid scars first appear more than a year after the injury, so settling too early can leave future treatment uncovered.
• In a Kentucky car crash case, “permanent disfigurement” is one of the injuries that can meet the no-fault threshold for pain and suffering.
• Kentucky makes dog owners responsible for damage their dogs cause to people.

Types of scars

The American Society of Plastic Surgeons (ASPS) explains that scars are the visible signs left after a wound heals, and that their development can be unpredictable. ASPS describes several types:

• Discoloration or surface irregularities: flatter scars that differ in color or texture from surrounding skin.
• Hypertrophic scars: thick, raised, often red scars at the wound site that can become wider over time and may be darker or lighter than surrounding skin.
• Keloids: larger scars that extend beyond the edges of the original wound. They can be painful or itchy and are more common where there is little fat under the skin, such as the face, neck, ears, chest or shoulders.
• Contractures: scars that tighten and restrict movement, which can form after large tissue loss or where a wound crosses a joint like a finger, elbow, knee or neck.

Keloids can show up late

The American Academy of Dermatology (AAD) explains that keloids usually take 3 to 12 months or longer to begin showing after a skin injury, and about 20% appear more than a year after the injury. Most keep growing for weeks or months after they appear, and a keloid rarely fades without treatment. AAD also notes keloids can limit movement over a joint, can be painful or itchy, and can be hard on self-esteem.

That timeline is one of the strongest reasons not to settle a scarring case in the first few months.

How scarring injuries happen

Common sources of serious scarring include:

• Dog bites and attacks, especially to children’s faces and hands. See dog bites.
• Motorcycle and bicycle crashes, where riders slide across pavement (“road rash”). See motorcycle wrecks and bicycle and pedestrian collisions.
• Car and truck crashes with lacerations from broken glass or metal, and scars from emergency surgery. See car crashes and truck wrecks.
• Surgical scars from treating a fracture, such as plates and screws. See broken bones.
• Burns and electrical injuries. Burn scarring is covered in depth on our burn injury page and electrical injury page.
• Defective products that cut, explode or burn. See product liability and vape explosions.
• Workplace incidents involving outside parties and machinery. See heavy machinery injuries.

Treatment: what can and can’t be done

ASPS says scar treatment options depend on the type and degree of scarring and can include topical treatments, minimally invasive procedures, and surgical revision. It’s clear on one point: a scar can be improved, but it cannot be completely erased.

For keloids, AAD describes a range of options, often combined:

• Steroid injections, usually given as a series. AAD reports 50% to 80% of keloids shrink after injections, but many regrow within five years.
• Surgical removal. AAD warns nearly 100% of keloids return after surgery alone, so surgery is usually paired with another treatment.
• Pressure garments or earrings, which must be worn 12 to 20 hours a day for several months to work.
• Silicone gel sheets, freezing (cryosurgery), laser treatment and, in some cases, superficial radiation after surgery.

ASPS notes that after scar revision surgery, it may take several months for final results to show, and in some cases a year for the new scar to fully heal and fade. Some patients need more than one procedure.

For an injury claim, that means:

• The cost of future treatment should be estimated by the doctor who will provide it, not guessed at by an adjuster.
• Treatment can stretch over years, with repeat procedures.
• The scar you have at three months may not be the scar you live with.

What affects the value of a scarring claim

There’s no chart that converts a scar into dollars. Juries and insurers usually consider:

• Location and visibility. A scar on the face, neck or hands is seen every day by everyone.
• Size, color and texture, and whether it’s raised, depressed or tight.
• Whether it limits movement, as contractures and keloids over joints can.
• Pain, itching or sensitivity that continues.
• Age. A child will live with a scar for decades and through school, dating and job interviews.
• Effect on work and daily life, including jobs that involve the public.
• Emotional impact. AAD notes keloids can be hard on self-esteem. Self-consciousness, anxiety and avoiding social situations are real harms. See our page on PTSD and emotional distress.
• Future treatment costs and the chance it won’t fully work.

Kentucky’s Constitution (Section 54) bars the legislature from limiting the amount recoverable for personal injuries, so there is no statutory cap on these damages.

Kentucky law on scarring and disfigurement

Disfigurement and the no-fault threshold

In a Kentucky car crash, your own PIP coverage pays up to $10,000 for medical expenses, lost wages and similar losses regardless of fault (KRS 304.39-020(2)). To recover pain, suffering and mental anguish from the at-fault driver, your injury must meet the tort threshold. The statute lists “permanent disfigurement” as one of the injuries that qualifies, along with medical expenses over $1,000, fractures and permanent injury (KRS 304.39-060(2)(b)).

Whether a particular scar is “permanent disfigurement” is a factual question supported by photographs and medical opinion. Many scarring cases also meet the $1,000 medical expense test.

Learn more about how Kentucky PIP works.

Dog bites

Kentucky law says any owner whose dog is found to have caused damage to a person “shall be responsible for that damage” (KRS 258.235(4)). Dog bite claims are not subject to the motor vehicle threshold.

Comparative fault

If the other side argues you were partly responsible, Kentucky’s pure comparative fault rule reduces your recovery by your percentage of fault but doesn’t bar it (KRS 411.182).

Deadlines

• Motor vehicle crashes: generally two years from the injury or the last PIP payment, whichever is later (KRS 304.39-230(6)).
• Dog bites, falls and most other injury claims: generally one year (KRS 413.140(1)(a)).
• Children’s claims can follow different timing rules. Get advice early.

Here’s the tension: the clearest evidence of a permanent scar comes with time, but the deadline doesn’t wait. A lawyer can protect the deadline while the scar matures, including filing suit if needed.

Questions to ask your doctor about a scar

Your doctors’ opinions carry a lot of weight in a scarring claim. At follow-up visits, it helps to ask:

• Is this scar likely to be permanent?
• What type of scar is it (flat, hypertrophic, keloid, contracture)?
• Will it change over the next year, and when will we know what it will look like long term?
• What treatments might improve it, how many sessions would they take, and what would they cost?
• Is there a chance it will limit movement, or already does?
• Should I see a dermatologist or plastic surgeon?
• What should I do to protect it while it heals?

Write the answers down, or ask that they be included in your visit notes. Those notes can later support what your claim needs to cover, and they help you make informed decisions about your own care.

How to document a scar

Photographs are the most important evidence in a scarring case. Do this:

1. Photograph the wound from day one, then on a regular schedule (weekly at first, then monthly). Include before-and-after stitches, after each procedure, and at least once a year.
2. Use the same setting each time: natural light, plain background, a ruler or coin for size, a close-up and a wider shot that shows where it is on your body.
3. Keep photos from before the injury that show the area clearly.
4. Get a dermatologist or plastic surgeon’s opinion on permanence and future treatment.
5. Write down how it affects you: comments from others, clothes you no longer wear, activities you avoid, pain or itching.
6. Save every bill and receipt, including scar creams, silicone sheets and sunscreen your doctor recommended.
7. For dog bites: get the owner’s name and address, report the bite to local animal control, and keep the medical records. See evidence to preserve.

How Forman & Associates helps

We document scars carefully over time, consult with your treating doctors about future care, and make sure any settlement accounts for the scar you’ll live with, not just the wound you had. When the insurer won’t be fair, we prepare the case for a jury. Larry Forman has tried 50+ jury trials. Read more about Larry.

Scarring and disfigurement FAQs

Can I get compensation for a scar in Kentucky?

Yes. Scarring and disfigurement are part of the damages you can claim when someone else’s negligence caused your injury. In car crash cases, “permanent disfigurement” is one of the injuries that meets Kentucky’s no-fault threshold for pain and suffering (KRS 304.39-060).

How much is a facial scar worth in a settlement?

There’s no set amount. Value depends on the scar’s location, size and appearance, your age, how it affects your life and work, future treatment costs, the evidence of fault and the available insurance. A visible facial scar on a young person is often treated very differently from a small scar on a covered area.

Should I wait to settle until my scar heals?

Usually, it’s wise to wait until doctors can say what the scar will look like long term. ASPS notes scar revision results can take up to a year, and AAD notes about 20% of keloids appear more than a year after the injury. A lawyer can protect your filing deadline while you wait.

Will scar revision surgery make my scar disappear?

No. ASPS says scar revision can make a scar less noticeable, but it can’t be completely erased. Your claim should account for the scar that remains after treatment and the cost of that treatment.

Who pays if a dog bit my child’s face?

Under KRS 258.235(4), a dog’s owner is responsible for damage the dog causes to a person. Homeowners or renters insurance often covers dog bite claims. Children’s claims follow special rules, so talk to a lawyer.

Does a scar from surgery after my accident count?

Yes. If the surgery was needed because of the injury, the surgical scar is part of the harm the accident caused.

Living with a scar from someone else’s mistake? Let’s talk

Call Forman & Associates at 502-931-6788 or 1-844-77-4-HURT, or reach us online for a free case evaluation. Our office is at 1139 S. 4th St., Louisville, KY 40203.

This page is general information, not legal or medical advice.

Sources

• American Society of Plastic Surgeons, Scar Revision: https://www.plasticsurgery.org/reconstructive-procedures/scar-revision
• ASPS, Scar Revision Recovery: https://www.plasticsurgery.org/reconstructive-procedures/scar-revision/recovery
• American Academy of Dermatology, Keloid scars: Signs and symptoms: https://www.aad.org/public/diseases/a-z/keloids-symptoms
• AAD, Keloid scars: Diagnosis and treatment: https://www.aad.org/public/diseases/a-z/keloids-treatment
• Kentucky Constitution Section 54: https://apps.legislature.ky.gov/KYConstitution/58_54.pdf
• KRS 304.39-020, 304.39-060, 304.39-230, 411.182, 413.140, 258.235 (links above)