Injured? This is what you need to know.
A claim for compensation for damage caused by injury or death is in principle time-barred five years after the day on which you became aware of both the damage and the liable person (Article 3:310(5) of the Dutch Civil Code (BW)).
Nederlands: Lees dit artikel in het Nederlands: Littekens na een ongeval en uw recht op smartengeld
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- Was the injured person a minor on the day on which both the damage and the liable person became known? Then those five years only start to run on the day after their eighteenth birthday. This applies to the child’s own claim; a parent’s own claim and a direct claim against a motor insurer (three years) each have their own starting point.
- Keep everything: medical records, photographs, the accident report form and your own notes. Evidence usually disappears sooner than a limitation period expires.
- We assess free of charge whether you have a case, and we will tell you honestly if you do not.
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A scar can be a permanent reminder of an accident. Sometimes it is mainly visible; sometimes it also causes pain, itching, tightness or problems with movement. If someone else is liable for the incident, the consequences can form part of your personal injury claim. This concerns compensation for pain and suffering (smartengeld) and, where sufficiently substantiated, treatment costs and other financial loss.
Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of specialist areas for employment law and personal injury. Last updated: 17 September 2026.
Compensation for a scar is not calculated using a fixed price per centimetre. The location, visibility, nature, duration and personal consequences are what matter. A scar on the face may raise different questions from a scar that restricts movement. In this article you can read how to record the consequences and what to look out for when an insurer makes you an offer.
In brief
- A scar after an accident may entitle you to compensation for pain and suffering if someone else is liable; in addition, treatment costs and consequential loss may be compensated.
- There is no price per centimetre: visibility, location, size, age, treatment options and psychosocial consequences are all taken into account.
- A scar keeps changing: according to dermatological patient information, it can take up to around eighteen months after the injury before it gradually becomes narrower and less noticeable, and after one year scar tissue has regained only about 70 to 80 per cent of its original tensile strength. How long it takes in your case depends on the location, the depth, your skin type and the treatment; your treating doctor determines when a stable end state has been reached. An assessment that is made too early usually does not do justice to your situation.
- Record how the scar develops with dated photographs taken under the same conditions, plus your doctor’s treatment plan.
- Psychological consequences count, but in two ways that you must keep apart: embarrassment, avoidance and loss of enjoyment of life are taken into account in the compensation for pain and suffering, whereas psychological treatment and lost income are items of pecuniary loss. The same consequences may not be counted twice. See psychological injury and compensation for pain and suffering.
When does a scar qualify for compensation
First, it must be established whether someone is legally liable for the accident. Scars can result, for example, from a road traffic accident, a dog bite, an accident at work or violence. The applicable liability rules differ. The existence of a scar does not in itself prove who has to pay for the damage.
The link between the incident and the scar must also be clear. Medical information about the original wound, the treatment and any surgery helps with this. If the scar resulted from necessary surgery after the accident, its connection with the injury from the accident must be assessed. A surgical scar is not automatically a separate medical error.
So keep both evidence of how the accident happened and the relevant treatment records. Where there have been several incidents or earlier injury in the same place, a timeline may be needed. A carefully compiled file prevents the discussion from being conducted solely on the basis of a recent photograph without context.
The location and visibility of the scar
For the assessment, it may matter where the scar is and how visible it is in everyday situations. Think of the face, neck, hands or a part of the body that is usually covered by clothing. However, visibility is not the only criterion. A less visible scar may cause physical discomfort or have far-reaching personal consequences.
Describe how the scar affects your daily life. Do you avoid certain clothes, does a belt feel painful, or does moving cause tightness? Do you find social situations difficult, or are people regularly asking you about the injury? A factual description helps others to understand the non-pecuniary consequences.
Not every personal reaction automatically leads to a separate item of damage. The assessment should, however, look beyond the dimensions. Age, personal circumstances and the duration of the consequences may be relevant. There is no general rule that a scar on one person is by definition worth a fixed amount more than on someone else.
Using photographs as evidence
Photographs can show how the scar develops and how visible it is. If possible, take clear, unedited photographs at different moments under comparable conditions. Keep the original files with their date information. An overview photograph and a close-up together often give more context than a single heavily enlarged image.
Do not use filters or edits that change the colour, size or texture. The aim is a truthful record. Note when each photograph was taken and whether there are circumstances that affect the image, such as a treatment just beforehand. If a professional takes photographs, ask how you can obtain them for your file.
Photographs of your face or other recognisable parts of the body are personal data. Share them through an appropriate channel with the people who need them for the assessment. Publication on a website or in a case example requires a separate, careful consideration. Gathering evidence for your claim does not mean that images have to be made public.
Why development over time is important
A scar can change in the course of recovery. Your treating doctor can indicate when it makes sense to assess further treatment or permanent consequences. It is not advisable to assume the same fixed waiting period for everyone. The type of wound, the treatment and individual circumstances may differ.
For the settlement of the claim, this means that an early picture is not always the final one. An insurer may ask to gather information again at a later stage. That may be reasonable, but it must not mean that items of damage that are already clear are left pending indefinitely. Distinguish between what can be assessed now and what is still uncertain.
Record which questions are still open. Is further improvement expected? Has additional treatment been advised? Is there any restriction of movement? A concrete list helps to continue the assessment in a targeted way instead of simply waiting without a clear purpose.
Treatment of scars and reimbursement of costs
A healthcare provider can discuss with you whether treatment is possible and appropriate. Think of various medical or skin therapy options, depending on the scar. This article does not give treatment advice, nor does it guarantee that a treatment will produce a particular result.
For the recovery of costs, the connection with the accident, necessity and reasonableness are important. Ask for a treatment plan and a cost estimate. These should show which problem is being treated, what improvement is expected and how many treatments are envisaged. A general quotation without medical explanation may not be sufficient for a proper assessment.
Check what your health insurance covers and which part you have to pay yourself. A treatment that is not covered by your own policy is not automatically excluded from a liability claim, but nor is it automatically recoverable. Where possible, discuss substantial costs in advance with your legal representative and the insurer.
Camouflage and other practical aids
Some people use camouflage products or other practical aids to make a visible scar less noticeable. Whether the costs of these qualify for compensation depends on the individual circumstances and the supporting evidence. Keep a record of which products are needed specifically because of the accident and which expenses you already incurred beforehand.
For recurring costs, the expected period of use must also be discussed. A single proof of purchase does not in itself prove a lifelong annual need. An explanation from an expert can help when the necessity and duration are not self-evident. This keeps the calculation verifiable.
In addition, distinguish between treatment of physical complaints and a personal preference regarding appearance. That line is not always easy to draw, but it deserves a substantive assessment. A refusal that merely uses the word cosmetic does not in itself explain why a specific item of cost would not be legally recoverable.
Pain, itching, tightness and restricted movement
Scars are not purely a matter of appearance. Some scars cause physical discomfort. Discuss your complaints with your treating doctor and have the findings and options recorded. A personal injury claim must be consistent with the medical assessment and your actual limitations.
If, for example, a joint moves less well, that can affect work, self-care or hobbies. Describe specific tasks that you can no longer manage. A limitation in gripping, stretching or walking may have financial consequences in addition to compensation for pain and suffering. These must be calculated separately.
A diagnosis or photograph is not always enough to establish the functional consequences. If necessary, an independent expert can assess which limitations exist and how they are linked to the accident. Any other injuries must also be taken into account to avoid double counting or incorrect attribution.
Psychological and social consequences
A visible scar can cause insecurity, embarrassment or tension. Some people experience problems in social contacts or memories of the accident. Take these consequences seriously and discuss persistent complaints with a healthcare provider. The appropriate help depends on your situation.
For the claim, a distinction is needed between the general non-pecuniary impact and separately substantiated psychological damage. If treatment is needed, the related costs can be examined. Not every feeling of discomfort needs a diagnosis in order to be relevant when describing your enjoyment of life.
Record changes factually, for example that you avoid certain activities or have sought support. Statements from people close to you can add to how your behaviour has changed, but they do not replace a medical examination. A clear and proportionate file is usually stronger than an overloaded collection of personal details unrelated to the question of damage.
How the amount of compensation for pain and suffering is assessed
When assessing compensation for pain and suffering, all relevant circumstances are considered together. These include the nature and severity of the injury, pain, the recovery period, permanent consequences and the personal impact. With a scar, the location, visibility and treatments may carry additional weight.
Court decisions can help to test an offer, but only if it is clear what is similar and what is different. Further on in this article there is a table that you can use to compare a cited decision point by point with your own file.
Scars in children and young people
With children, attention must be paid to recovery, growth and the way consequences develop. A treating doctor can explain what the medical expectations are. The social significance of a visible scar may change as a child grows older. That justifies care, but not an unfounded prediction of future problems.
Parents can help by keeping treatment records, photographs and notes of specific changes. Avoid a child having to show his or her injury again and again for the file when that is not necessary. The gathering of evidence should be organised carefully and in a way that is as little burdensome as possible.
Special rules may apply to a final settlement on behalf of a minor. Think of representation, court approval and the management of the payment. Have it assessed which steps are necessary before any agreements are signed. A quick settlement for a small amount may be unsuitable when permanent consequences are not yet sufficiently clear.
Fictional example of a scar on the face
After a collision, a cyclist is left with a visible scar on the cheek. Liability has been accepted. There are photographs of different stages of recovery, and a treating doctor is discussing additional treatment. This example is fictional and does not describe any compensation previously obtained.
For the pecuniary loss, the treatment costs borne personally, travel costs and any other demonstrable expenses are collected. For compensation for pain and suffering, the pain, the recovery period and the consequences of the visible scar are described. The treatment costs are not compensated instead of compensation for pain and suffering; they are different components of the assessment.
If treatment may still change how the scar looks, it is discussed whether a final settlement is already justified. It can then be examined which damage is established and which uncertainty remains. An advance payment can sometimes offer a solution without closing the whole file.
Assessing an offer and understanding full and final discharge
An insurer may propose an amount to close the case. Always ask whether this concerns compensation for pain and suffering only or also all treatment costs and other damage. A total amount without a breakdown makes it difficult to judge whether important components are missing.
Check whether future treatment has been included and whether the prognosis is sufficiently clear. If you do not yet know which costs will arise, it must be discussed how that uncertainty will be dealt with. A specific reservation may sometimes be appropriate, but its content must be carefully worded.
With full and final discharge (finale kwijting), further claims within the scope of the agreement are as a rule closed off. So do not assume that a treatment advised later can always be claimed afresh. The wording of the settlement and any exceptions are more important than verbal reassurance.
Using comparable cases on compensation for pain and suffering with care
A decision you have found about a scar can help in discussing compensation for pain and suffering, but a comparison requires more than the same location on the body. Case law is support within a broader assessment, not a price list. The problem with isolated amounts from a search result or a commercial calculator is that the context is missing: the other injuries, the recovery period, age, functional limitations and the year in which the amount was set.
So compare a reference case point by point with your own file. That way, you can see straight away where the comparison does and does not hold:
| Point of comparison | The cited decision | Your own situation | Does the comparison hold? |
|---|---|---|---|
| Source and year of the decision | ECLI number and date | Not applicable | Has the amount been updated to current values? |
| Location and size of the scar | |||
| Visibility in daily life | Face, neck and hands carry more weight than covered areas | ||
| Other injuries in the same case | Often the biggest difference: an amount may relate to a combination of injuries | ||
| Recovery period and number of treatments | |||
| Permanent complaints (pain, itching, pulling, restricted movement) | |||
| Demonstrable psychological and social consequences | |||
| Age and stage of life | With children and young people, the remaining life expectancy is taken into account | ||
| Amount awarded | This amount only means something once the rows above have been filled in | ||
A file with a modestly visible scar may nevertheless contain relevant complaints, for example pain when moving or demonstrable psychological consequences. Conversely, a striking photograph does not automatically lead to a particular level of compensation. What matters is the interplay between appearance, medical findings and day-to-day functioning.
If an offer is made, ask which reference cases were used, which consequences were acknowledged and which were not, and which differences were taken into account. A transparent statement of reasons makes it easier to respond in a targeted way than a discussion that revolves solely around the highest amount found. In addition, keep your own account concrete: which situations do you avoid, which treatment are you undergoing, which activities have become more difficult? Note changes over time and discuss complaints with appropriate care providers.
The legal basis of a scar claim
With scars, compensation for pain and suffering is central, but the law offers more points of reference:
- Article 6:106 of the Dutch Civil Code the core: in the case of physical injury, you are entitled to compensation determined on the basis of fairness. The court weighs the nature and severity of the injury and the consequences for your life. See also compensation for pain and suffering.
- Article 6:96 of the Dutch Civil Code the pecuniary side: scar revision, camouflage products, silicone plasters, travel costs and reasonable costs of experts.
- Article 6:105 of the Dutch Civil Code future treatments can be estimated in advance, for example a planned revision once the scar has fully matured.
- Article 6:98 of the Dutch Civil Code psychological consequences can also be attributed to the accident where the causal link has been sufficiently substantiated.
- Article 6:162 of the Dutch Civil Code or Article 6:179 of the Dutch Civil Code in the case of a bite incident; see our article on personal injury caused by a dog bite.
The articles have been checked on wetten.overheid.nl. A comparison with published decisions only makes sense if the facts genuinely match and the amount is assessed at the current price level.
Frequently asked questions about scars and compensation for pain and suffering
How much compensation for pain and suffering will I receive for a scar on my face?
There is no standard amount. Visibility, size, recovery, treatments and personal consequences all count. A comparison with court decisions can give an indication, but it must match the facts of your situation and any other injuries.
Is a small scar also personal injury?
It can be. The dimensions alone do not determine whether there is damage. Liability and the link with the incident must, however, be assessed. The specific consequences and any costs are relevant to the size of the claim.
Are laser treatments always reimbursed?
No. The treatment must be appropriate, reasonable and related to the accident. A treatment plan and a cost estimate help the assessment. Also check your own insurance cover and agree substantial costs in advance where possible.
Are photographs sufficient evidence?
Photographs are useful, but they do not tell the whole story. Medical information and an explanation of the physical and day-to-day consequences remain important. Keep unedited original images and note the date, so that the development and context are clear.
Can I receive both treatment costs and compensation for pain and suffering?
Yes, where there is a legal basis for it. Treatment costs are financial loss; compensation for pain and suffering concerns non-pecuniary consequences. Both must be assessed separately. Make sure that any total amount offered makes clear which components it covers.
When can my scar be assessed definitively?
Usually only once the scar has matured. Colour, thickness and suppleness generally continue to change for quite some time: dermatological information refers to a period of up to around eighteen months during which a scar gradually becomes narrower and less noticeable. That is a guideline, not a standard: with burns, keloids or a scar across a joint it can take longer, and with a superficial cut less time. Your treating doctor determines when a stable end state has been reached. Until then, you can work with advance payments instead of a final settlement.
Does a scar in a place nobody sees also count?
Yes. Visibility is one factor, not the only one. Pain, itching, pulling skin, restricted movement and the reminder of the accident can also be taken into account. A scar across a joint may moreover have functional consequences that are calculated separately from the compensation for pain and suffering.
Do I have to undergo scar revision if the insurer suggests it?
No, you make medical decisions yourself together with your doctor. The reasonableness of your choices may, however, form part of the assessment, for example if a simple treatment would considerably reduce the consequences. Ask for such a proposal to be explained in writing and discuss it with your treating doctor.
Have your scar damage assessed
Arslan Advocaten can look at which consequences of the scar belong in your claim and whether a settlement offered to you is sufficiently substantiated. Bring your treatment records, relevant photographs and the correspondence from the insurer. We will also discuss which fee arrangements suit your case.
More information is available on our page about personal injury. You can also contact us directly to present your situation.
Related articles
- Dental damage caused by an accident
- Compensation after assault
- Compensation for pain and suffering: what are you entitled to
- Non-pecuniary loss and compensation for pain and suffering
- Psychological injury after an accident
- Personal injury caused by a dog bite
- Personal injury involving minors
