Facial injury claims
Facial injury claims are legal cases in which individuals seek compensation for injuries to the face, including the skin, bones, muscles, or soft tissues.
These claims can arise from various incidents such as accidents, assaults, medical negligence, workplace injuries, or road traffic accidents that result in facial injuries.
Facial injuries include fractures, lacerations, burns, scarring, nerve damage, and other forms of trauma that impact the face.
Seeking legal advice is crucial for understanding the specific circumstances surrounding a facial injury claim and determining the available legal options.
Irish law recognises the particular impact of facial injury through the Personal Injuries Guidelines 2021, which set out specific compensation ranges for facial scarring and disfigurement based on severity, permanence, and the claimant’s age and gender.
Common causes
Common causes of facial injury claims in Ireland can vary, but some of the typical causes include:
- Road traffic accidents: Car, motorcycle, or pedestrian accidents can result in facial injuries from impact, including facial fractures, lacerations, or soft-tissue damage.
- Workplace accidents: Inadequate safety measures, faulty equipment, or workplace hazards can lead to facial injuries. Examples include injuries caused by falling objects, machinery accidents, or chemical exposures.
- Assaults: Intentional acts of violence, such as assaults or physical altercations, can cause facial injuries ranging from bruises and lacerations to fractures and more severe damage.
- Sports injuries: Participation in sports activities without proper protective gear or contact sports can lead to facial injuries, including fractures, broken noses, or dental injuries.
- Slips, trips, and falls: Falls on uneven surfaces, slippery floors, or poorly maintained premises can result in facial injuries, including fractures, cuts, or bruising.
- Medical negligence: Errors during medical procedures, surgical mistakes, or misdiagnosis can cause facial injuries, especially in cases involving facial surgeries, dental procedures, or cosmetic treatments.
It’s important to note that these are just some common causes, and facial injury claims can arise from various other circumstances.
Each case is unique, and the specific cause of the injury will determine the legal aspects and potential compensation available for the claim.
Types of facial injury claim
Common types of facial injury claims in Ireland include:
- Facial fractures: This includes fractures of the facial bones, such as the nose, cheekbones (zygomatic fractures), jaw (mandibular fractures), or orbital bones (eye socket fractures). Read More
- Soft tissue injuries: These involve damage to the skin, muscles, ligaments, or tendons of the face, resulting in cuts, lacerations, contusions (bruises), or abrasions.
- Dental injuries: Trauma to the face can cause dental injuries, such as broken or knocked-out teeth, jaw misalignment, or damage to the surrounding structures like gums or nerves.
- Eye injuries: Facial injuries can also impact the eyes, leading to conditions like orbital fractures, corneal abrasions, chemical burns, or foreign object penetration.
- Burns: Thermal, chemical, or electrical burns affecting the face can cause severe damage, including scarring, disfigurement, and long-term physical and psychological consequences.
- Nerve damage: Trauma to the face can result in nerve injuries, leading to conditions like facial paralysis, loss of sensation, or chronic pain.
- Scarring and disfigurement: Significant facial injuries can result in permanent scarring or disfigurement, which can have a lasting impact on an individuals physical appearance, self-esteem, and quality of life.
- Eye socket injuries: Injuries to the eye socket (orbital bone) can lead to issues with vision, double vision, or even loss of the affected eye.
These are some common facial injuries for which individuals may seek compensation through legal claims in Ireland.
Each case will have unique circumstances, and the severity and long-term consequences of the injury will be factors considered in determining the compensation amount.
Compensation amount
Ref: Personal Injury Guidelines
1. Facial disfigurement
Facial injuries, particularly those involving cosmetic defects or disfigurement, present challenges in determining damages.
Burns are not assessed separately, and the severity of the injury and the suffering endured during initial treatment are considered.
Severe burns result in significant disfigurement, pain, and ongoing physical and psychological injuries, deserving high compensation.
Several factors influence the level of compensation, including age, nature of the underlying injury, treatment duration, residual scarring, impact on work, quality of life, social and leisure activities, relationships, and psychological damage.
- Most severe scarring: For relatively young claimants (typically teens to early 30s) with highly disfiguring cosmetic effects and severe psychological reactions, awards range from €80,000 to €200,000.
- Severe scarring: In cases where disfigurement is still substantial, accompanied by significant psychological reactions, compensation falls within €60,000 to €80,000.
- Serious scarring: When the worst effects are or will be reduced through plastic surgery, resulting in some cosmetic disability and diminished psychological reaction (which may have initially been considerable), the compensation ranges from €30,000 to €60,000. This includes cases where scarring is visible at a conversational distance.
- Moderate scarring: These cases involve a single scar that can be concealed or several small scars that minimally impact appearance, causing reactions similar to an ordinarily sensitive young person. Compensation ranges from €7,000 to €30,000.
- Minor scarring: In such cases, the effect is minor only, resulting in lower compensation.
Claim process
1. Contact our facial injury claim solicitor
Our team of experienced facial injury solicitors in Ireland is here to assist you with your claim.
We understand that back and neck injury claims can be complex, and our solicitors will work with you every step of the way to ensure you receive the compensation you deserve.
2. The PIAB Application
The first step in making a facial injury claim in Ireland is to apply to the Personal Injuries Assessment Board (PIAB).
PIAB handles claims related to workplace injuries, road traffic accidents, serious injuries, and accidents in public places.
3. Submitting information and documents to PIAB
Your solicitor will gather all the necessary evidence, including medical reports and expert reports, and submit them to PIAB on your behalf.
4. Consent to assess the claim
Once the application is submitted, PIAB will formally notify the defendant(s) of the claim.
The defendant(s) have 90 days to indicate whether or not they consent to the claim assessment.
If the defendant consents, PIAB will proceed with the assessment.
If they decline, an Authorisation will be granted to allow the claimant to bring court proceedings.
5. Claim assessment time
If PIAB is assessing the claim, it usually takes 9 months to issue its assessment. This assessment reflects the general and special damages awarded regarding your claim.
If both parties accept the assessment, PIAB will issue an Order to Pay, which must be discharged by the defendant(s) within 10 days.
A settlement cheque will then be issued to the claimant. If either party rejects the assessment, PIAB will grant authorisation to bring court proceedings.
Our experienced solicitors will then work with you to ensure that your case is heard in court and that you receive the compensation you deserve.
Statute of Limitations
You have two years from the accident date within which to issue proceedings. If you are under 18, a separate set of rules applies, and we recommend that you contact our solicitors to discuss them.
Learn more about the statute of limitations.
Frequently asked questions
Can I claim for the psychological impact of facial scarring or disfigurement?
Yes. In Irish personal injury law, damages for a facial injury claim include both the physical injury itself and its consequences, which can include a recognised psychiatric condition or psychological disorder arising from the injury.
The Personal Injuries Guidelines 2021 set compensation bands specifically for facial scarring and disfigurement, taking account of the permanence of the scarring, its visibility, and its impact on the claimant’s daily life.
Where the psychological consequences are significant and constitute a diagnosable condition, such as post-traumatic stress disorder, depressive disorder, or social anxiety disorder, these are assessed separately as a component of the claim and require a report from a consultant psychiatrist or psychologist.
The Guidelines note that the claimant’s age and gender are relevant factors in assessing the impact of facial disfigurement.
These claims are assessed on their individual facts, and our solicitors can advise on what evidence is needed to present the psychological impact element of a facial injury claim effectively.
If my facial injury was caused by an assault, can I bring a civil claim?
Yes. A civil claim for personal injury arising from an assault is separate from any criminal proceedings and can be brought regardless of whether the perpetrator is prosecuted or convicted.
The civil claim is brought against the individual perpetrator and may also be brought against a third party, for example, a licensed premises that failed to provide adequate security, or an employer where the assault occurred in a workplace context, where that third party owed a duty of care and failed to discharge it.
Where the perpetrator cannot be identified or has no means to satisfy a judgment, a claim may be available through the Criminal Injuries Compensation Tribunal, which is separate from the civil courts system.
Our solicitors can advise on the appropriate route for a claim arising from an assault, including whether a third-party claim is available.
How is a dental injury assessed as part of a facial injury claim?
Dental injuries that arise in the context of an accident or assault are assessed under the Personal Injuries Guidelines 2021 as a component of a broader facial injury claim, or as a standalone claim where the dental injury is the primary or only injury.
The Guidelines include specific bands for dental injuries, ranging from minor chipping or fracture of a front tooth to the loss of multiple teeth requiring complex prosthetic treatment.
Where the dental injury requires ongoing treatment, the cost of future dental care, including implants, crowns, or prosthetics, is recoverable as special damage (a specific financial loss) in addition to the general damages band for the injury itself.
A report from a consultant oral and maxillofacial surgeon or a specialist dental practitioner is typically required to document the injury, its treatment, and its likely prognosis.
Our solicitors can advise on the evidence needed for the dental component of a facial injury claim.
