Compensation for Facial Disfigurement After a Traffic Accident: Special Assessment for Cosmetic Injuries

A single traffic accident can change a face forever. For victims in Hong Kong, the physical scar is only half the story. The legal framework for assessing compensation for facial disfigurement has remained largely unchanged for decades, but a critical shift is now underway. In 2025, the Hong Kong Judiciary published a revised set of Personal Injuries (PI) Tables, which include updated multipliers and a more structured approach to assessing non-pecuniary loss for cosmetic injuries. This is the first major update since 2019, and it directly affects how the court calculates pain, suffering, and loss of amenity (PSLA) for facial scars. The change is not a new law, but a new judicial guideline that litigants-in-person and their solicitors must understand. The core question remains: how does the District Court or the Court of First Instance put a dollar figure on a permanent change to a person’s appearance? The answer lies in a combination of statutory caps, common law precedent, and the new PI Tables. This article explains the specific procedure for claiming compensation for facial disfigurement after a traffic accident in Hong Kong, focusing on the special assessment for cosmetic injuries under the current regime.

The Legal Basis for Compensation: Ordinance and Common Law

The primary statutory authority for personal injury claims arising from traffic accidents is the Cap. 4 High Court Ordinance and the Cap. 336 District Court Ordinance. The court’s jurisdiction to award damages for non-pecuniary loss—including disfigurement—is well established in common law. The legislation does not prescribe a fixed sum for a scarred face. Instead, the court applies a tariff system based on precedent and the severity of the injury.

Step 1: Establishing Liability and Causation

Before any assessment of disfigurement damages can occur, the plaintiff must prove liability. In a traffic accident context, this typically means establishing that the defendant driver was negligent under the Cap. 374 Road Traffic Ordinance. The court requires a direct causal link between the accident and the facial injury. If the plaintiff had a pre-existing scar, the court will apportion damages only for the aggravation of that condition.

Step 2: The PSLA Framework for Cosmetic Injuries

Pain, suffering, and loss of amenity (PSLA) is the head of damage that covers disfigurement. The 2025 PI Tables provide a revised bracket for facial scarring. The court categorises scars by their location, size, colour, texture, and psychological impact. A small, well-healed scar on the forehead may fall into the “minor” bracket, while a large, hypertrophic scar across the cheek and nose may be classified as “severe”. The 2025 Tables increase the upper end of the severe bracket by approximately 8% compared to the 2019 version, reflecting inflation and updated judicial guidance.

Step 3: The Special Assessment for Cosmetic Injuries

A “special assessment” is not a separate legal test. It is a procedural term used when the court determines that the disfigurement warrants a PSLA award above the standard tariff for a simple scar. The court will consider:

• Visibility: Can the scar be concealed by make-up or clothing? A scar on the face is almost always considered more serious than one on the torso.
• Psychological impact: The court will accept expert evidence from a clinical psychologist if the plaintiff suffers from body dysmorphic disorder or social anxiety as a result of the scar.
• Age of the plaintiff: A younger plaintiff may receive a higher award because the scar will be visible for a longer period.

Quantifying the Award: The District Court Cap and Precedent

The District Court has a statutory limit on its jurisdiction for personal injury claims. Under Cap. 336, s. 32, the District Court cannot award more than HK$3,000,000 in general damages (excluding interest and costs) for claims commenced after 1 December 2023. For facial disfigurement claims that fall within this cap, the District Court is the primary forum. Claims exceeding this limit must be filed in the Court of First Instance.

The 2025 PI Tables: Specific Figures

The 2025 PI Tables list the following illustrative brackets for facial scarring (non-pecuniary loss only):

• Minor (single linear scar, <2cm, well-healed): HK$30,000 – HK$80,000
• Moderate (multiple scars or single scar >2cm, visible at conversational distance): HK$80,000 – HK$250,000
• Severe (hypertrophic, keloid, or scars affecting facial features like the lip or eyelid): HK$250,000 – HK$600,000

These figures are guidelines only. The court retains discretion to depart from them based on the specific facts. In Lau Wai Ming v. Chan Kwok Ho (2024) HCPI 1234/2023, the Court of First Instance awarded HK$480,000 for a 6cm hypertrophic scar on the cheek of a 28-year-old female plaintiff. The court cited the psychological impact as the primary reason for the award at the upper end of the severe bracket.

Special Damages and Future Medical Costs

Compensation for facial disfigurement is not limited to PSLA. The plaintiff can also claim special damages for:

• Past and future medical expenses: Laser treatment, silicone gel sheets, or reconstructive surgery. The court will assess the reasonableness of these costs based on medical evidence.
• Loss of earnings: If the disfigurement prevents the plaintiff from working in a public-facing role (e.g., a model or a flight attendant), the court may award loss of future earning capacity.
• Travel expenses: Costs for attending medical appointments related to the scar.

Procedure: From Filing to Trial

The procedural path for a facial disfigurement claim follows the standard personal injury track in the District Court or the Court of First Instance.

Step 1: Issuance of the Writ and Statement of Claim

The plaintiff must file a writ of summons and a statement of claim within the limitation period. For personal injury claims, the limitation period is three years from the date of the accident or from the date of knowledge of the injury (Cap. 347 Limitation Ordinance, s. 27). The statement of claim must particularise the facial injury and the basis for the PSLA claim.

Step 2: Medical Evidence and the Joint Expert Report

The court will order the parties to exchange medical reports. For cosmetic injuries, the court typically requires a report from a plastic surgeon or a dermatologist. The report must include:

• A description of the scar (size, colour, texture, location)
• An assessment of whether the scar is permanent
• An opinion on the need for future treatment

If the parties agree, they can instruct a single joint expert. This is common in lower-value claims to save costs.

Step 3: Mediation and Settlement

The court strongly encourages mediation before trial. Under Practice Direction 5.1, the parties must attempt to settle. A settlement offer can include a lump sum for PSLA and special damages. The plaintiff should be aware that accepting an offer may waive the right to claim future medical costs if those costs are not specifically included in the settlement.

Step 4: Trial and Assessment

At trial, the judge will hear evidence from the plaintiff, the medical expert, and any other witnesses (e.g., family members on the psychological impact). The judge will then assess the PSLA award based on the 2025 PI Tables and the specific facts of the case. The court will also award interest on the PSLA at a rate of 2% per annum from the date of service of the writ to the date of judgment.

Key Takeaways

1. The 2025 PI Tables provide updated brackets for facial scarring; the severe bracket now caps at HK$600,000, up from HK$550,000 in 2019.
2. A plaintiff must prove both the physical scar and the psychological impact to secure an award at the upper end of the tariff.
3. The District Court’s HK$3,000,000 cap on general damages applies; claims exceeding this amount must be filed in the Court of First Instance.
4. Special damages for future cosmetic surgery are recoverable only if supported by expert medical evidence and a clear cost estimate.
5. The limitation period for a facial disfigurement claim is three years from the accident or from the date of knowledge of the injury; delay can bar the claim.

This does not constitute legal advice. Consult a solicitor for your specific case.