Beauty Treatments Compensation Claims

If your life, or the life of a loved one, has been affected by a beauty treatment injury, we can help.

If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a compensation claim with the help and support of a specialist clinical negligence solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove the negligence happened. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.

We can help you make a medical negligence claim on a No Win No Fee basis.

In this article

Introduction

According to statistics from HABIA (Hair and Beauty Industry Authority), approximately a quarter of a million people are employed the hair and beauty industry, working in around 55,000 different establishments.

Included in the hair and beauty sector are hair salons, nail bars, beauty salons and spas. Most businesses are small, employing between 1 and 10 people, with 42% of the workforce being self-employed.

It is estimated that more than half those working in the industry are only qualified to Level 2 or below of applicable Health & Safety qualifications. The qualifications go up to Level 4 for most areas of hair and beauty treatment. Some staff are required to carry out treatments that they have no formal qualifications or training for.

The number of people having hair and beauty treatments and cosmetic surgery procedures in the UK is increasing each year, yet there is little specific regulation governing the industry.

Cosmetic surgery

Do I have an injury claim?

Medical negligence claims differ from personal injury claims as the following will need to be established:

  • there was a breach of duty ("negligence" or "fault"); and
  • the breach of duty was the cause of your injury, damage or loss ("causation" or "avoidable harm").

Breach of Duty

A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.

Causation

To establish causation, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.

Get an impartial opinion

To get impartial advice on whether you have a claim, speak to an injury claim expert on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

Is compensation always payable?

If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".

Not all treatment that results in an undesirable outcome will result in the payment of compensation.

Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.

Check my claim online

What if there is no evidence?

Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a beauty treatments claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.

How long do I have to start a claim?

If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.

It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.

What if your injury was diagnosed months or years after treatment?

You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.

The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).

It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Can I claim for prescription costs?

Special damages are awarded for costs or losses incurred as a result of the beauty treatments injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

Calculate my claim

How long does a beauty treatment negligence claim take?

The length of time needed to process a beauty treatments claim can vary considerably.

For example, a less complex uncontested medical negligence claim could be settled in 12 to 24 months. However, if court proceedings are necessary a compensation claim 2 to 5 years. Normally a medical negligence claim will take 12 to 36 months. See more: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Common beauty treatment claims

Popular beauty treatments include hair dye, skin waxes, eyelash tints, and tanning, and claims commonly relate to these treatments. Botox and dermabrasion negligence claims are also becoming more common as the procedures increase in popularity.

Compensation claims for negligent beauty treatments include:

Making a claim against a hair or beauty salon

The Sale of Goods and Services Act 1982 requires that when a consumer enters into a contract for goods and/or services, those goods and services must supplied or carried out with reasonable skill and care. If they are not and the consumer is injured as a result, they are likely to be entitled to make a compensation claim.

Anyone sustaining injury though a failure of the supplier of the goods, in this case the salon, to carry out the treatment with sufficient skill and care may be entitled to bring a claim.

It is advisable to make a complaint about the injury directly to the salon, and to ensure this claim is recorded in writing.

What evidence is required?

Physical evidence of the injuries sustained is key to bringing a claim, therefore photographs of the injuries should be presented where possible.

The claimant will need to document the time and date of the treatment and, where possible, the name of the individual who was responsible for administering the treatment.

In cases of allergic reactions, it should be demonstrated that salon staff failed to carry out a patch test prior to applying the product.

If the claimant has sought any medical attention, this too should be documented and reported, as well as any receipts for treatment that was paid for.

Claims may be made for out of pocket expenses, including loss of earnings, travel expenses and any prescription charges. It may also be possible to claim for the pain and suffering caused by the injury.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee - the facts

With a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make an injury claim without the worry of upfront legal fees. If your injury claim is unsuccessful you won't have to pay any money to your solicitor.

No win, no fee promise

Our no win, no fee guarantee means there is zero financial risk in making an injury claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. beauty treatments claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

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Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Chris Salmon, Director

Author:
Chris Salmon, Director