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Insurers like to treat a scar as a minor injury once the stitches come out. The person living with it knows better. A permanent, visible scar changes how a person is seen at work and in public, and for a child, it can mean years of stares and questions during the very years they are forming a sense of who they are. The law recognizes that this harm is real and lasting, and our job is to make sure it is valued that way.
Vahdat Weisman Law represents people left with permanent scarring and disfigurement in Livonia and across Michigan. Our catastrophic injury lawyers make sure these injuries are valued for what they are: a permanent change to a person’s appearance, not for what an adjuster would like to pay.
The medical chart may say a laceration “healed well,” but that often misses the real injury. A facial scar can change how a person is treated. A burn that left grafted, mismatched skin can make someone avoid swimming, dating, or being photographed. Where the medical records support it, these cases also account for the emotional toll, the anxiety, depression, social withdrawal, or post-traumatic stress that a disfiguring injury can cause, because for many people that is the larger and longer-lasting harm.
Michigan’s no-fault system limits when a crash victim can sue the at-fault driver for pain and suffering, and disfigurement is one of the ways through. Under MCL 500.3135, a person can recover those damages after a motor vehicle crash if they suffered death, a serious impairment of body function, or a permanent serious disfigurement. That third category stands on its own. Even if a scar does not limit how your body works, a permanent and serious disfigurement is by itself enough to clear that legal bar and pursue compensation from the at-fault driver, something insurers conveniently overlook when they argue a healed scar caused no lasting “impairment.”
In a crash case, whether a disfigurement is “permanent” and “serious” enough is usually a question for the judge, decided as a matter of law unless there is a real factual dispute about the nature and extent of the injury. The standard, from the Court of Appeals decision in Fisher v. Blankenship, is objective. The court looks at the physical characteristics of the scar, its size, location, and how much it mars a person’s appearance across the full range of daily life, and asks whether common knowledge and experience would call it serious. It does not turn on how sensitive the particular person is; that goes to the value of the case, not whether it qualifies. The scar is also judged as it actually looks, not as it appears under makeup or other concealment, though how easily it can be hidden can affect the damages. Documenting the scar with high-quality photographs over time and input from the treating physician is central to meeting this standard.
This is a point insurers will not volunteer. The “permanent serious disfigurement” threshold applies only to motor vehicle cases. If your scar came from a dog bite, a burn, a defective product, or a dangerous property condition, you do not have to clear any threshold to recover for pain and suffering, any genuine scar is compensable from the first dollar. We make sure these non-auto cases are not undervalued by importing a hurdle that does not apply.
Disfiguring dog attacks deserve special attention because Michigan law is protective and because children are so often the ones hurt. Under the dog-bite statute, MCL 287.351, a dog owner is strictly liable when their dog bites someone who was lawfully present and did not provoke the animal, with no “one free bite” rule and no need to prove the dog was dangerous before. Provocation and lawful presence are the issues contested, and because “provoke” can include even unintentional acts, a young child’s behavior around a dog has to be handled carefully. The statute covers bites; when a dog knocks someone down, or a non-owner is keeping it, we turn to ordinary negligence and Michigan’s common-law rules instead. These claims are often covered by the owner’s homeowners or renters insurance, though policies can carry animal exclusions or limits; we check early. Because a small child is at face level with a dog, these bites frequently cause facial scarring and lasting fear, and we pursue the full measure of harm, including the reconstructive surgery a child may need as they grow.
We see disfigurement from many sources, and the medical detail matters to the value. Burns are among the worst: full-thickness, or third-degree, burns destroy the skin and usually require excision and skin grafts, leaving donor-site scars, and even healed burns can form raised hypertrophic scars or keloids and tighten into contractures that limit how a joint moves. Deep lacerations from glass, metal, and machinery cut faces and hands. Road rash from motorcycle and bicycle crashes grinds away skin over large areas. Whatever the source, valuing the injury means looking forward, future scar-revision and reconstructive surgery, laser and other treatments that may soften but rarely erase a scar, and the psychological care a person needs. We work with treating doctors, plastic surgeons, and where needed life-care planners to document the full, lasting cost, supported by dated photographs that track the scar over time.
Two practical rules shape every case. Michigan reduces a recovery by the injured person’s share of fault, and bars pain-and-suffering damages entirely if that share is greater than everyone else’s combined, so how the injury happened matters. And deadlines are firm: most claims must be filed within three years. When the injured person is a child, that time is generally extended, but a child’s settlement also has to be approved by a court to protect the funds, which is one more reason to involve a lawyer early.
Depending on how the injury happened, the responsible party may be an at-fault driver, a dog’s owner or keeper, a property owner whose hazard caused a burn or laceration, or the manufacturer of a defective product. When a disfiguring injury happens at work, workers’ compensation usually governs the claim against the employer, but a separate third-party claim, often a product liability claim against a machine’s maker, can reach the pain and suffering comp does not pay. We trace every responsible party and every available policy.
We treat scarring and disfigurement as the permanent injuries they are. We document the scar thoroughly and over time, bring in the medical and surgical experts who can explain its future, identify every responsible party, and value the full physical and emotional harm. From our Livonia office, attorneys Jordan S. Vahdat and Kara E. Weisman handle scarring and disfigurement claims for clients across Metro Detroit and the rest of Michigan on a contingency-fee basis, so there is no attorney fee unless we recover for you.
Vahdat Weisman Law is a personal injury firm based in Livonia, Michigan, representing injury victims and their families throughout the state. Our attorneys, Jordan S. Vahdat and Kara E. Weisman, bring courtroom experience, a record of meaningful results, and a hands-on approach to investigation and case strategy. We prepare every matter as if it will go to trial, positioning clients for stronger settlements and protecting their rights if litigation becomes necessary.
We handle scarring and disfigurement claims on a contingency-fee basis, which means there is no attorney fee unless we recover compensation for you. From our Livonia office, we serve clients across Metro Detroit and the rest of Michigan, and we explain every step in plain language so you can make informed decisions about your case.
If you or your child suffered permanent scarring or disfigurement, contact Vahdat Weisman Law in Livonia today at (734) 469-4994 for a free, confidential consultation. Reach out via our contact page to let us know what happened and learn about your options. There is no cost to speak with us about your potential claim.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.