Guide
Who pays for surgery you haven't had yet
This is where facial injury claims are most often underpaid, and the mechanism is simple: a settlement is final, treatment continues for years, and if the future treatment wasn't valued at the time, there is no way to go back.
Published July 27, 2026 · Last reviewed July 30, 2026
What continues after the case would otherwise close
Facial injury treatment is rarely finished when the claim is ripe to settle.
- Scar revision surgery, often twelve to eighteen months out and sometimes repeated
- Laser resurfacing, typically a series of sessions rather than one
- Steroid injections for hypertrophic and keloid scarring, sometimes for years
- Dental implants, which need replacement over a lifetime
- Contracture release after burns, which can recur
- Revision as a child grows, staged over years
- Ongoing psychological treatment
The health insurance problem
People assume health insurance will cover it. Frequently it won't, because once the functional repair is complete, insurers characterize scar revision and resurfacing as cosmetic and decline.
That leaves the cost with you unless the settlement accounted for it. It's also why the surgeon's written distinction between functional and cosmetic matters — treatment framed and documented as addressing a functional deficit fares better both with health insurers and in the claim.
How future care gets proven
Not by estimating. By a treating physician's written plan describing what's needed, how many procedures, over what period, and at what cost — supported where the case is large enough by a life care planner who builds a projection across your life expectancy.
It's ordinary work in serious cases and it's usually the largest single line item. Cases that skip it settle for a fraction of their value.
The timing tension
You shouldn't settle before you know what the permanent picture is. You also can't wait past the filing deadline. Those pull in opposite directions.
The resolution is to have counsel engaged early — a suit can be filed to preserve the deadline while treatment continues, and most cases settle well after filing. What you should not do is let the deadline dictate settling before you know what you're settling.
Questions
Can I reopen a settlement if I need more surgery later?
Essentially never. Settlements include a release of all claims, known and unknown, arising from the incident. That's the whole point of them from the defendant's side. Future care has to be valued before you sign.
How is future cost calculated when nobody knows exactly?
With expert projection — a physician's treatment plan, current procedure costs, expected frequency, and an economist's adjustment for inflation and present value. It's estimation, but it's structured, evidence-based estimation that courts accept routinely.
What if I don't want more surgery?
That's your decision and it doesn't eliminate the claim. If a reasonable treatment exists and you choose not to undergo it, you're generally still compensated for the condition you're living with — and declining surgery is itself a burden imposed by the injury.
Situations this applies to
I have permanent scarring
Never settle before the scar matures. That single decision moves the number most.
Read this
I broke a bone in my face
These carry functional consequences — vision, bite, sensation — beyond appearance.
Read this
My face was burned
Disfigurement plus function plus years of treatment. Among the highest-value injuries.
Read this
A dog bit my face
Most states make owners strictly liable. Children are bitten on the face most often.
Read thisRelated guides
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