Last updated on March 2nd, 2022 at 11:43 am
Many people use dermal fillers to help reduce lines and wrinkles in the face and lips. While the vast majority of dermal filler procedures go extremely smoothly and bring about the intended goal, this is not always the case. Even though regulations have tightened in recent times, there are still a number of issues that have led to significant numbers of injuries. If you have suffered an injury from dermal fillers because a practitioner treated you negligently, you could be entitled to compensation. This article on dermal fillers claims will show you how the process of claiming compensation works and what you could claim compensation for.
The personal injury team at claimsaction.co.uk specialise in all types of injury and medical negligence claims. If you call our advisors, your claim will be reviewed and you’ll be given free legal advice. If there are sufficient grounds to begin a dermal fillers compensation claim, we’ll ask one of our personal injury solicitors to connect with you. If they offer to take your claim on, there won’t be any solicitors fees to pay unless you win compensation. That’s because they work on a No Win No Fee basis for all accepted injury claims.
If you’d like to claim today following a botched dermal fillers procedure, please call us on 0800 652 1345. Alternatively, please continue reading to learn more about the types of negligence and injuries you could claim for.
Can I claim compensation for dermal fillers gone wrong?
Even though a needle is used in dermal filler treatments, the process does not need to be carried out by a medical professional. As such, a personal injury solicitor would be needed rather than a medical negligence solicitor if you’d like legal representation during your claim.
If you ask one of our solicitors to help you claim compensation, they would need to check the following before agreeing to represent you:
- Did the practitioner who treated you owe you a duty of care?
- Were they negligent during your dermal fillers treatment?
- Did you suffer an injury or injuries as a result of that negligence?
If you have answered yes to all three questions, you could have grounds to start a claim. You shouldn’t be too concerned about proving that a duty of care existed as it will almost always be the case when paying a salon for a beauty treatment. Instead, you should concentrate on proving what went wrong and how you suffered as a result. To help with this, we’ll explain what proof you could supply later on.
What can go wrong with dermal filler procedures?
As with most types of cosmetic treatment, dermal filler procedures have some known risks. After treatment, some of the more common side effects include:
- Redness at the injection site.
You probably won’t be able to claim compensation for mild symptoms if they were explained during the consultation prior to treatment.
Some of the less common and more serious side effects of dermal filler include:
- Infections caused by the treatment or poor aftercare advice.
- Damaged blood vessels.
- Nerve damage.
- Movement of the filler from the intended location to another.
- Inflammation following a reaction to the substance injected (called granuloma nodules).
- Leakage of the filler.
- On rare occasions, damage to the blood vessels around the eyes could cause blindness following dermal filler treatment.
As you can imagine, any of these problems could lead to both physical pain and mental harm. If some form of negligence caused things to go wrong, you could seek damages for your suffering. For that reason, we’ll look at what types of negligence can occur next.
What negligence could I claim dermal fillers compensation for?
Let’s take a look at what type of mistakes could cause you problems and lead to dermal filler claims. Some examples include:
- If the practitioner or beauty therapist was not properly trained on dermal filler application.
- Where the filler is applied to the wrong site.
- If you weren’t advised of any risks associated with dermal fillers treatment before you signed up.
- Where too much dermal filler is used. This can require additional treatment which can carry its own risks.
- If your previous medical history wasn’t checked before treatment. For example, you should be asked if you have any known allergies in case they are present in the dermal filler.
- Where the wrong equipment was used.
- If hygiene standards were poor during treatment.
Again, you could claim compensation for botched dermal fillers where negligence was the cause so long as you can prove that it caused you to suffer. If you call our advice line today, an advisor will review your case for free and let you know if you have the grounds to be compensated.
Could I claim compensation even if I signed a waiver or consent form?
You might think that because you signed a waiver, you can’t claim compensation if something went wrong during your dermal filler treatment. But that’s not always the case.
Waivers and consent forms are a way of showing that you were told about the known risks associated with your treatment. That means you can’t claim for minor side effects like swelling or bruising (as suggested earlier).
However, these forms do not protect the practitioner if you’ve been injured from dermal fillers because they were negligent. If you’d like us to check whether you could still claim despite signing a waiver, please call 0800 652 1345 for your free case review.
How much compensation do I get for dermal fillers gone wrong?
When you claim compensation against a beauty salon or clinic following negligent dermal filler treatment, any compensation you request must be fully justified. That means that rather than asking for a lump sum that you’d be happy to accept, you need to explain exactly how you’ve been affected by your injuries. Compensation can cover general damages (the pain caused by your injuries) and special damages (any costs linked to your injuries). While each claim will differ, yours could include compensation to cover:
- Any pain and suffering you endured. This could include both physical harm and mental suffering too (anxiety, embarrassment, depression etc.).
- Loss of amenity (explained here).
- The income you’ve lost because you couldn’t work while injured.
- Care costs if you needed somebody to help you during your recovery.
- Travel expenses such as the cost of fuel, parking or public transport fares when attending medical appointments for example.
- Future lost income if your injuries will have a long-term impact on your ability to earn.
- The cost of remedial treatment to help correct the original mistakes.
As you can only claim once, it is important to ensure you get your dermal fillers claim right. If you decide to work with one of our personal injury lawyers, they’ll review your case in fine detail with you before sending it to the defendant. By doing so, they’ll try to make sure you are compensated fairly for your injuries.
Want to see what compensation you could be entitled to? If so, please call today.
Providing proof of injury from a dermal fillers treatment
In most cases, dermal filler claims will not usually be handled by the beauty salon that treated you. It’s more likely that they will forward your claim to their insurance company. As such, even if the salon were apologetic and took the blame for your injuries at the time, you won’t be compensated unless you can prove to the insurance company what went wrong and how you’ve suffered. To help do this, you should aim to supply as much proof as possible. This could include:
- Correspondance. If you have any emails or letters from the salon regarding your treatment or in response to a complaint, this should be kept and a copy provided to your solicitor.
- The name of the practitioner. Although the claim will usually be against the salon, it’s a good idea to let your solicitor know who treated you.
- Witness details. If somebody else was with you during your treatment or consultation, let your solicitor know (with their permission) their contact details. A statement might be sought from them later to confirm what they heard or saw.
- Medical records. You should visit your GP, a hospital or minor injuries unit to have any injuries assessed or treated. Later on, your medical records could be used to help prove the extent of your dermal filler injuries.
- Photographic evidence. Similarly, you should take photos of any visible injuries during your recovery. If your phone or camera has a timestamp feature, you should use it to help prove how long you suffered.
- Incident reports. If you reported your injuries to the beauty salon, they should keep a log of them. You could ask for a copy of the incident report to help prove the date and time you were treated and injured.
- A diary. To help you to keep track of how your injuries have affected you, you could keep a diary. This could list any social or work appointments you couldn’t make because of your injuries. Also, you could record any expenses you’ve incurred as well.
We’ll review any evidence you’ve been able to collect during your free initial consultation. Please call today if you’d like to start the ball rolling.
Do I need to have a medical assessment for a dermal filler claim?
The majority of personal injury claims require a medical assessment and is simply part of the claims process, but nothing to worry about. Our solicitors can usually book a local appointment with an independent medical expert for you.
In the meeting, the specialist will examine your injuries from the dermal filler treatment and discuss how they’ve affected you. They may also read through any relevant medical notes. Once finished, they’ll prepare a report to show what injuries you sustained and to provide a prognosis.
Dermal filler compensation claims time limits
If you make a dermal filler compensation claim, a 3-year time limit will apply. Generally, this will start on the day you were treated.
In our experience, it’s easier to recollect how you’ve suffered if you begin the claim as soon as possible. Also, this will give your solicitor extra time to collect evidence and medical reports to support the claim.
Where you’ve fully recovered from your injuries and the defendant has admitted liability already, you could be paid compensation in a matter of a few months. In more complex cases where the extent of your injuries is not fully understood, claims can take longer than a year. In these cases, where liability has been agreed upon, your solicitor could request interim payments to be paid to cover any immediate costs (such as private medical treatment expenses) before the claim is finalised.
To discuss how long you have left to start your claim, please call today.
No Win No Fee dermal filler claims
We strongly believe that there’s a better chance of winning a dermal fillers claim if your case is handled by a personal injury solicitor. Furthermore, we believe that their experience and legal skills could lead to a higher amount of compensation.
So that you don’t need to worry about losing money on solicitor’s fees, our team provide a No Win No Fee service during any claim they work on. Essentially a No Win No Fee agreement means you don’t pay them for their work in advance and they won’t be paid if your claim fails.
If you both agree to work together, your solicitor will send you a contract to sign. This is called a Conditional Fee Agreement (CFA). It will explain what work your solicitor will carry out and when you’d need to pay them.
The CFA will explain the success fee you’ll pay to cover your solicitor’s work if your claim is won. This fee is expressed as a percentage of your compensation that will be deducted before you’re paid. Legally, when using a CFA, you cannot be charged more than 25% of your settlement amount.
To see if you could claim on a No Win No Fee basis, why not contact our team today?
Start a dermal fillers compensation claim today
There’s no risk in calling our advice centre to discuss your claim. Whether you decide to proceed, you’ll get free legal advice and your options will be explained during your initial consultation. So, please contact us on 0800 652 1345 right away. Any claim that is accepted by one of our solicitors will be managed on a No Win No Fee basis to reduce the stress involved with claiming.
If you have any further questions on dermal fillers compensation claims but aren’t yet ready to call, please use live chat to get in touch instead.