A Guide to Claiming Botox Injury Compensation
If your life, or the life of a loved one, has been affected by a botox injury we can help.
The purpose of this guide is to help anyone who has suffered a botox injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
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.
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 a botox 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 a botox injury claim expert on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
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 botox injury will depend on:
- the extent 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 botox injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
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 a botox 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 a botox 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 a botox injury will depend entirely on your specific circumstances.
Your botox injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Will I have to pay tax on my botox injury compensation?
If you receive financial compensation following a botox injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Botox injury compensation calculator
Calculating how much compensation you can claim for a botox 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 botox 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?
Will I still be able to claim for a botox injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your botox injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to 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 did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
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 a botox injury claim without needing to worry about upfront legal fees. If your botox 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 a botox injury claim - even if you don't win your claim.
What do I pay if I win my botox 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 botox injury claim?
If your botox 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.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, 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, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Botox 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.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 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 held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
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.
Read more about this Quittance Legal Expert