The Houston Court of Appeals’ January 2026 decision in an Exxon refinery explosion case provides practical guidance on how Texas courts evaluate damages. In this particular case, the defendant challenged some of the damages that had been awarded, including some for disfigurement.
Disfigurement is one of the most misunderstood categories of damages. People often assume it only applies to severe burns or facial injuries. But in Texas, the definition of disfigurement can be much broader. Surgical scars, permanently visible marks, and other changes to appearance can qualify, depending on the proof.
The January 2026 opinion is especially helpful because it explains how disfigurement is defined under Texas law, what evidence can support it, and what arguments defendants commonly make to defeat these damages.
The definition of disfigurement in Texas
Texas courts often define disfigurement using a traditional common-law meaning: an impairment to beauty, symmetry, or appearance. It is something that renders a person unsightly, imperfect, or deformed in some manner. In plain English, disfigurement is a change in how you look.
Disfigurement is a separate category from pain and suffering and mental anguish. Pain is about physical discomfort. Mental anguish is about emotional distress. Disfigurement is about appearance. Those categories can overlap in real life, but the legal system treats them as distinct items on a damages verdict form.
What counts as disfigurement in practice?
Common examples include:
- Surgical scars from spine surgery, orthopedic surgery, or abdominal procedures
- Laceration scars from crashes or falls
- Burns, skin grafts, and discoloration
- Visible deformities after fractures, crush injuries, or amputation
- Permanent changes to posture, gait, or symmetry that are noticeable in appearance
A key point is that disfigurement does not require a plaintiff to prove that everyone else agrees that the scar is unsightly. A scar can be disfiguring even if it is not on the face and even if it can be covered by clothing. The legal focus is whether it impairs appearance in a real way.
What is past vs. future disfigurement?
Texas law allows recovery for both past disfigurement and future disfigurement. In many cases, the “past” is the period from the injury to the time of trial, and “future” is after trial.
Future disfigurement can be supported in more than one way:
- A permanent scar is, by definition, continuing disfigurement. Even if it does not worsen, it will still exist in the future.
- If the evidence shows additional surgery is reasonably likely, and additional surgery is likely to create more scarring, that can support future disfigurement as well.
Common legal scenarios and how outcomes differ
The January 2026 opinion provides common fact patterns that show how disfigurement claims are proved in the real world.
Scenario 1: A surgical scar from an abdominal approach to spine surgery
In the refinery explosion case, one plaintiff underwent spine surgery using an anterior approach, meaning the surgeons made an incision through the lower abdomen and moved internal organs aside to reach the lumbar spine. That procedure left a scar. The plaintiff testified the scar was ugly and that he did not like it, in part because it served as a permanent reminder of the incident. His spouse also testified that the scar affected his confidence.
Defendants often try to defeat claims like this by arguing that the scar was not shown to the jury through photos or a live display. The court rejected the idea that visual proof is always required. The better rule, the court explained, is that the absence of visual evidence is something the jury may consider when judging credibility. It is not an automatic “case over” rule for disfigurement.
What this means for you: You should strongly consider photographs or a live demonstration when appropriate, but a disfigurement claim is not automatically dead without it. This is especially true when the testimony is clear and indisputable that a permanent scar exists.
Scenario 2: A visible neck scar after cervical spine surgery
The opinion also addressed a plaintiff who had cervical spine surgery performed through the front of the neck, leaving a visible scar. The plaintiff showed the scar to the jury and testified that people noticed it, stared at it, and asked about it. The defendant argued that there were no medical record descriptions proving how the scar impaired beauty or symmetry.
The court rejected the defendant’s argument. If the jury sees the scar and hears testimony that it is noticeable and draws attention, the jury can reasonably infer it is disfiguring. The court also accepted that future disfigurement could be supported when medical testimony indicated future surgery was reasonably likely, creating a reasonable basis for additional future scarring.
What this means for you: If a scar is visible and easy to demonstrate, the best practice is to show it to the jury and document it with clear photographs. If future surgery is reasonably likely, medical testimony can support future disfigurement as well.
RELATED: How medical experts can make or break your personal injury case
Scenario 3: A scar exists, but the jury awards no damages
Even when a scar is real, juries sometimes award zero disfigurement damages.
Why? Often because the proof is thin, the scar is not shown, the testimony is vague, or the jury is not persuaded the appearance change matters. The January 2026 opinion recognized that some courts have upheld zero disfigurement awards when plaintiffs offered no visual evidence of the scar.
What this means for you: While showing a scar can help your case, it is no guarantee that a jury will award damages. The more corroborating evidence you and your attorney can provide toward the scar’s effects on your life, the better. But even then, no damages might be awarded.
Evidence that moves the needle in disfigurement cases
Disfigurement damages are often won with practical, straightforward evidence. Here are the categories that matter most.
Visual evidence (photographs, videos, live demonstrations)
If the scar or disfigurement can be shown, it usually should be shown. Consider:
- Photos taken in consistent lighting from a few angles
- A “scale” photo that shows size (for example, next to a ruler)
- A short video if the disfigurement changes appearance with movement
- A live demonstration at trial when appropriate and respectful
Visual evidence is not a legal requirement in every case, but it is persuasive. It also makes it easier for the jury to understand why the change is meaningful.
Medical records and operative reports
Operative reports often document incision location, approach, and closure. Even if records do not describe “ugliness,” they can support:
- That surgery occurred
- That an incision was required
- The anatomical location and expected scarring
That medical record can support credibility and help connect the disfigurement to the incident.
Clear testimony describing the scar or visible change
Texas juries respond well to simple descriptions:
- Where the scar is located
- Its approximate length and shape
- Whether it is raised, indented, discolored, or irregular
- Whether it is visible in everyday clothing (swimsuit, t-shirt, collared shirt)
- Whether it has changed over time
The goal is clear presentation of proof.
Testimony about real-world impact of the appearance change
Defendants sometimes argue that disfigurement is purely objective and that feelings should not matter. The January 2026 opinion confirms that, in the Houston court that decided the case, testimony about embarrassment, insecurity, and efforts to cover scars can support disfigurement. This kind of testimony should be simple and credible:
- “I avoid certain clothes now.”
- “I notice people looking at it.”
- “I feel self-conscious in public.”
- “I avoid swimming or changing in front of others.”
- “I cover it in photos.”
This is not the same thing as mental anguish. It is practical evidence that the change in appearance is real and noticeable in daily life.
Future disfigurement evidence
Future disfigurement is often supported by:
- Testimony that a scar is permanent and will remain visible
- Medical testimony that additional surgery is reasonably likely, which will typically create additional scarring
- Evidence of ongoing complications that make additional procedures more likely
RELATED: Will surgery increase my settlement? Here’s what you need to know
Timelines, deadlines, and next steps for disfigurement cases
Preserve early photographs
If there are lacerations, burns, bruising, or surgical incisions, take photos early and keep taking them periodically. Scars change over time. Early photos can show severity and progression.
Request and keep operative reports
If your case involves surgery, get the operative report and related records. This helps link the scar to the necessary treatment.
Do not minimize the issue in your records
Many people downplay scars because they are focused on pain or function. If the scar matters to you, mention it to your provider and document the fact that it exists, where it is, and whether it has caused sensitivity or other problems.
Remember the statute of limitations
Most Texas personal injury claims must be filed within two years. Missing that deadline can end the claim.
FAQs: Disfigurement in Texas personal injury cases
Does a surgical scar count as disfigurement in Texas?
It can. If the surgery was reasonably necessary because of the incident and it left a scar that affects appearance, Texas law can allow disfigurement damages.
Do I have to show the scar to the jury or submit photographs?
Photographs and a courtroom demonstration are helpful and often recommended. But the law does not treat a lack of visual evidence as an automatic bar in every case. It may affect credibility and the amount a jury awards.
Can I recover disfigurement damages if the scar is usually covered by clothing?
Yes. A scar can still be disfigurement even if it is not on the face and even if it can be covered. The real question is whether it impairs appearance.
What is the difference between disfigurement and mental anguish?
Disfigurement is about the appearance change itself. Mental anguish is emotional distress. They may overlap in real life, but they are separate damages categories.
Can I recover future disfigurement damages?
Yes. A permanent scar supports ongoing disfigurement into the future. Future disfigurement can also be supported when credible medical testimony shows additional surgery and additional scarring are reasonably likely.
What makes disfigurement damages stronger?
Clear photos, a straightforward demonstration when appropriate, medical records supporting the cause of the scar, consistent testimony, and credible real-world impact (such as clothing changes and avoidance behaviors).
How Crosley Law helps disfigurement victims
Disfigurement damages are often undervalued or overlooked because they feel “secondary” compared to pain or medical bills. In reality, though, scars and visible changes can follow you for life, and they can carry real social and personal consequences.
Our trial-forward approach typically includes:
- Capturing high-quality photographs over time so the jury can see the change clearly
- Tying the scar to the medical treatment and the incident with clean causation evidence
- Presenting testimony that is specific, credible, and grounded in daily life
- Keeping disfigurement distinct from other damages so the jury understands why it is a separate loss
Call Crosley to talk through your case
If you have scars or other visible changes after a serious injury in Texas, disfigurement damages may be part of your claim. Crosley Law represents injury victims across Texas, including San Antonio and Bexar County. Call (210) LAW-3000 or submit a consultation request through our website.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
