[Direct answer]In the Beijing area, victims of disfigurement can claim compensation for mental distress. According to Article 1183 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a natural person's personal rights are infringed and serious mental distress is caused, the infringed person has the right to request compensation for mental distress. Disfigurement, which significantly affects a person's appearance and causes persistent mental suffering, is generally recognized as serious mental distress, and compensation for mental distress can be supported. However, the disfigurement must reach a "serious" level, and minor superficial scars are generally difficult to obtain compensation for. When claiming compensation, victims should provide photos of the injuries, medical and plastic surgery records, and appraisal opinions on disability or facial disfigurement to prove the causal relationship between facial disfigurement and mental distress. The amount of compensation for mental distress is determined by the court based on the degree of the infringer's fault, the consequences of the infringement, and the economic level of the court's jurisdiction, etc., and can be referenced accordingly.Personal injury and medical disputesThe column helps readers understand the approach to handling similar cases.

1. Problem background and typical scenarios

Disputes over facial disfigurement are not uncommon in personal injury cases. Typical situations include: first, being hit in the face in a traffic accident or having obvious scars left by glass cuts; second, facial damage caused by machinery or chemicals at work. Relevant work-related injury situations can be referred to for reference.Work-related injuries1. The first category is intentional injury and brawls that cause facial disfigurement; 2. The second category is medical cosmetology or surgical errors that lead to facial deformation and asymmetry; 3. The third category is large-area scars caused by accidents such as fires and explosions. Victims often not only bear medical expenses, but also suffer from mental distress such as inferiority complex, social phobia, and depression due to changes in their appearance. When handling similar cases in the Beijing area, the court usually first confirms the disability grade and the degree of facial disfigurement, and then determines whether the mental damage reaches a serious level. Relevant appraisals and evidence can be referred to for reference.Personal injury and medical disputesColumn.

II. Key points of contention

First, whether the mental damage meets the "severe" standard. There is a big difference in the judgment between minor scars and obvious disfigurement. Second, the causality. It is necessary to prove the relationship between the disfigurement of the appearance and the infringement and mental distress. Third, the disability level is linked to the compensation for mental distress. Different discretionary ranges correspond to disabilities from level 10 to level 3. Fourth, the coexistence of compensation items. The compensation for mental distress can be claimed together with the disability compensation and medical expenses, and the relevant calculations can be referred to.Creditor's rights and debts, and enforcement casesColumn. Focus Five: The degree of the infringer's fault affects the amount of compensation. Focus Six: The sufficiency of evidence. Requests for appraisal and continuous treatment records are prone to being reduced at the discretion of the court. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

From the practical experience of the lawyers handled by our firm, the key to obtaining compensation for mental damage in cases of disfigurement lies in proving and quantifying the "severity" of the injury. Common difficulties include: first, scars located in prominent areas such as the face are more likely to be recognized as severe, while those in hidden areas are often not supported; second, it requires the opinions of medical institutions or appraisal agencies on facial damage and functional impairment, and mere subjective statements are difficult to be accepted; third, mental distress needs to be supported by visits to psychological clinics, diaries, or testimonies from relatives and friends; fourth, consolation money and disability compensation do not conflict with each other, but the court will coordinate to avoid duplicate evaluations. In similar cases, the lawyers handled by our firm usually suggest that the injured party should fix the photos of the injury and continuous treatment records as soon as possible after the injury, apply for disability and facial damage appraisals in a timely manner, and explain the specific impact of facial changes on their career and social life in the litigation process, so as to make the request for mental damage more convincing.

IV. Practical suggestions and legal basis

Action suggestions: First, take photos and videos to preserve the original injury situation immediately after the injury, and continue with treatment, keeping all medical records and receipts; Second, apply for a disability rating and facial damage appraisal in a timely manner, and conduct a psychological evaluation if necessary; Third, organize the identity information of the infringer, the accident determination letter, or the police report to fix the liability; Fourth, combine claims for consolation money, disability compensation, and medical expenses, and refer to the key points of relevant documents for referenceSpecial services and other cases1. The program's objective is to assist individuals in resolving disputes through negotiation, and if negotiation fails, to file a lawsuit as soon as possible to avoid the loss of evidence and the risk of statute of limitations. Regarding legal basis, Article 1183 of the Civil Code of the People's Republic of China stipulates that serious mental damage can be claimed for compensation, and Article 1179 lists the scope of compensation for personal injury (including disability compensation, etc.); the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" (amended on February 15, 2022 and implemented on May 1, 2022) stipulates the calculation standards for various compensations.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, it is difficult to claim compensation for mental distress for minor scars, and an objective evaluation is needed. Secondly, appraisal is the core evidence. Delaying treatment or not appraising the scars will weaken the claim. Thirdly, the court will determine the amount of compensation for moral damages at its discretion, and there is no fixed formula. Do not believe in the promise of "how much we will compensate you". Fourthly, the statute of limitations is three years, starting from the date when the claimant knows or should have known that his rights have been infringed and the obligee's identity. Failure to file a lawsuit within the statute of limitations will result in the loss of the right to win the case. It is recommended to consult a lawyer as soon as possible.Beijing Henglu Law FirmOn the official website, in the corresponding column, professional lawyers will evaluate the degree of facial damage and the evidence-gathering process to avoid missing the statutory time limit.

VI. Frequently Asked Questions

Q1: Can you definitely get compensation for mental distress if you've been disfigured?

Not necessarily. According to Article 1183 of the Civil Code, support will only be granted if it constitutes "serious mental harm". Visible facial scars, deformations of the facial features, and large areas of scars can usually be considered serious; however, minor scars on superficial or concealed parts are often difficult to obtain compensation for. The court will make a comprehensive judgment based on the location, area, functional impairment, and psychological impact of the scars, and refer to the disability rating. It is recommended to first obtain an appraisal opinion on facial damage or disability from an appraisal institution, and then evaluate the feasibility of the request to avoid pursuing claims blindly and causing litigation fatigue.

Q2: What evidence do I need to prepare to claim compensation for mental damage caused by disfigurement?

The core evidence includes: first, photos and videos of the injuries, reflecting the original and restored appearance; second, outpatient and hospitalization records, surgical and plastic surgery records, and medical bills; third, appraisal opinions on disability or facial disfigurement, which are key evidence; fourth, records of visits to the psychiatric department and diagnoses of depression and anxiety, proving mental suffering; fifth, accident determination letters and police reports confirming infringement and liability; sixth, certificates from relatives, friends, or employers, demonstrating the impact of facial changes on social and professional life. The more complete the evidence is, the easier it is for the request to be supported.

Q3: How much is the compensation for emotional distress caused by disfigurement typically paid?

The law does not stipulate a uniform amount, which is determined by the court at its discretion. In judicial practice, the court usually takes into account factors such as the infringer's fault, the consequences of the damage, the economic level of the court's location, the victim's age and occupation, and refers to the disability grade to determine the range. The amount corresponding to disabilities from level 10 to level 3 increases gradually. Beijing area courts will take into account the local living standards to set the standard. The specific amount cannot be pre-committed. It is recommended to provide sufficient evidence of causality and severity in the litigation to strive for a reasonable amount.

Q4: How long does it usually take to handle a disfigurement case?

For cases with obvious injuries, the lawsuit can be initiated after the treatment is completed and the appraisal is finished; if multiple plastic surgery repairs are needed, the loss of working time and the appraisal period may last more than a year. The first-instance litigation in the ordinary procedure generally does not exceed six months, and the disability appraisal will take up some of this time; the second-instance litigation takes about three months. Negotiating compensation is faster, but the litigation depends on the progress of the appraisal and the provision of evidence. The key is to fix the injury situation and apply for an appraisal as soon as possible to avoid difficulties in proving the original damage after recovery, and to prevent the statute of limitations from expiring.

Q5: What should I do after being disfigured?

The first step is to immediately seek medical treatment and take photos and videos to document the original injury, and keep the medical records for continuous treatment. The second step is to report the accident to the police or obtain an accident identification certificate to determine the responsible party. The third step is to apply for a disability and facial damage appraisal and psychological evaluation after the treatment stabilizes. The fourth step is to organize evidence and claim compensation for disability, medical expenses, and mental distress together. For related appraisals and evidence presentation points, please refer to the guidance provided.Personal injury and medical disputesColumn; Step 5: If no agreement can be reached, entrust a professional lawyer to file a lawsuit, and pay attention to the three-year statute of limitations.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudicative approach in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.