Can I recover damages for visible scarring or disfigurement in Georgia?
Yes. Visible scarring and disfigurement are compensable in a Georgia injury claim, and they often carry significant value because their effects are permanent and constantly visible. The harm includes both the physical condition and the lasting emotional weight of carrying a permanent mark.
Where disfigurement fits in the damages picture ¶
Scarring and disfigurement straddle the two sides of a damages claim. On the economic side, any medical treatment to repair or reduce a scar, such as reconstructive or cosmetic surgery, is a documented cost recoverable as special damages, which under O.C.G.A. § 51-12-2 must be proven to be recovered. Future corrective procedures can be claimed with appropriate medical and cost evidence. On the non-economic side, the disfigurement itself, the permanent change to appearance and the distress that comes with it, is recovered as general damages, which the same statute presumes to flow from the wrong without proof of a fixed amount.
The non-economic component is usually the larger one, because a scar is not just a medical fact but a daily reality the person lives with.
What makes disfigurement compelling to a jury ¶
Because a jury values non-economic harm by its enlightened conscience, the visible and permanent nature of disfigurement tends to register strongly. Factors that shape the value include:
- The location and visibility of the scar or deformity.
- Its size, severity, and whether it can be improved.
- The age and circumstances of the injured person.
- The emotional and social impact, including self-consciousness and withdrawal from activities.
Permanence is central. A scar that will remain for life represents an ongoing harm, and Georgia law lets the jury account for that entire span.
Proving the claim ¶
Evidence in a disfigurement case is often direct and visual. Photographs, and sometimes the scar itself shown to the jury, convey the harm plainly. Medical testimony establishes permanence and whether further treatment can help. The injured person and those close to them can describe the psychological and social effects. As with all damages, any recovery is reduced by the injured person’s share of fault under Georgia’s comparative-fault rule in O.C.G.A. § 51-12-33.
The bottom line ¶
Visible scarring and disfigurement are recoverable in Georgia as both the cost of corrective care and the non-economic harm of a permanent change in appearance. The permanence and visibility of the injury often make it a substantial part of the claim, valued by the jury based on its real and lasting impact.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.