Botox Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a botox 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
One of the most popular non-surgical cosmetic treatments, Botox injections are given to thousands of people in the UK every year to help them achieve tighter, wrinkle-free skin.
But as with any cosmetic procedure, there are risks that must be responsibly managed. If you have suffered avoidable harm from a negligent Botox injection, you should be entitled to claim compensation.
What exactly is Botox?
Botox is a drug made from a neurotoxin produced by the bacterium Clostridium botulinum called botulinum toxin. It is used in tiny concentrations medically to treat excessive sweating, chronic migraine, cerebral palsy, incontinence, squinting, rapid blinking and muscle spasms.
Cosmetically it is used to reduce the appearance of facial wrinkles and fine lines in adults by helping to relax facial muscles.
How is Botox administered cosmetically?
Botox is a prescription-only medicine that should only be given by an appropriately trained doctor, pharmacist, dentist or registered nurse in a clinical environment. The injections should not be carried out by beauty therapists who lack the necessary clinical background.
Treatments should be carried out in a clean, safe and appropriate clinical environment to avoid infection and possible permanent physical damage. They should not be carried out in a home setting or, for example, in a nail bar or tattoo parlour.
During the procedure, skin is cleaned and small amounts of Botox are injected into the area to be treated. Several injections are usually needed at different sites.
It usually takes three to five days for the effects to be visible and up to two weeks for the full effect to be realised. The results generally last for about three to four months.
Botox should never be used in pregnant or lactating women, or by people who have had a previous allergic reaction to the drug or any of its ingredients.
What are the risks?
Although Botox injections are generally safe, a person may experience flu-like symptoms for the first 24 hours following treatment, and there may be bruising at the injection site.
Sometimes the facial features may droop and be weak. This is usually temporary and should improve as the effects of the treatment wear off, but may be very distressing.
In rarer cases serious problems may develop that require immediate medical attention. These include blurred or double vision (where the eye area has been injected) or breathing difficulties (if the neck has been injected).
Other problems may include:
- Allergic reactions
- Loss of speech
- Loss of facial movement
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.
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.
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.
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 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 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
- 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.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a botox injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
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:
How long does a botox injury claim take?
The length of time needed to secure compensation for a botox injury can vary significantly.
For example, a straightforward liability accepted cosmetic negligence claim could be completed in 6 to 24 months. However, if the case goes to court or there is a serious or complex ongoing injury, a claim can take longer. Typically, a medical negligence claim takes 12 to 36 months. For more information, see: 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.
I am unhappy with the results - can I make a claim?
There does not need to be a mistake in the way the treatment was performed for a claimant to bring a claim.
If the clinic made representations about the likely result of treatment, which fall short of that expectation, then she may also claim for compensation for the emotional distress and unhappiness.
Fortunately, most injuries arising from carelessly performed Botox injections are temporary and the symptoms and problems eventually clear up.
How does no win, no fee work?
With a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make an injury claim without needing to worry about upfront legal fees. If your injury claim is unsuccessful you won't have to pay any money to your solicitor.
Our no win, no fee guarantee
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, only 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 do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.
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:
if you can claim
to start a claim
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.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Only around 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 in by a judge or magistrate, not a jury.
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.
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.
Howard Willis, Personal injury solicitor
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.