A Guide to Claiming Dermal Filler Injury Compensation

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

The purpose of this guide is to help anyone who has suffered a dermal filler injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

Dermal fillers are an increasingly popular minimally invasive cosmetic procedure intended to rejuvenate skin and improve the appearance of lines and wrinkles. Some argue that the cosmetic surgery industry is not adequately regulated, and that procedures like dermal fillers and botox are increasingly being carried out without adequate training or safety procedures. The BBC has said it is a "cosmetic crisis waiting to happen."?

Dermal filler injection

Do I have a dermal filler 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 a dermal filler 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.

Dermal filler compensation claims

Increasing numbers of people are claiming compensation for cosmetic procedures that have gone wrong. The two main reasons for dermal filler compensation claims are as follows.

Procedural error

A dermal filler negligence claim can be made against a cosmetic surgeon or a clinic if they are found to be responsible for procedural error. Procedural errors include:

  • Incorrect placement of fillers

This can cause lumps and bumps under the skin

  • Overcorrection

When too much filler is injected and must be removed this can be difficult to do

Failure to advise

Medical professionals are required to inform their patients of the potential risks and side-effects of treatment so that the patient can make an informed decision. If the cosmetic surgeon or the clinic fail to adequately inform the patient of the risks associated with treatment, the patient may be able to make a compensation claim. Claims can be made for:

  • Allergic reactions
  • Side-effects of treatment that were not adequately explained prior to the procedure

What can I claim compensation for?

Patients can claim compensation for the following:

  • Physical effects

Including lumps and bumps from incorrect placement of dermal fillers and allergic reactions

  • Psychological effects

As dermal fillers are usually injected on the face, procedural errors may impact on the self-esteem of an individual, affecting their mental health and self-confidence

  • Costs of restorative medical surgery

What sort of cases have Quittance handled?

The panel of solicitors have assisted clients who have sustained injuries during surgical and no surgical cosmetic treatments such as:

  • those using biosynthetic polymers, collagen and hyaluronic acid (HA).
  • those carried out on lips, nasolabial lines, marionette lines and vertical lip lines
  • general wrinkle reduction and lip volume enhancement
  • Juvederm and silhouette soft

How to claim

The panel of solicitors are experienced in dealing with dermal filler negligence compensation claims, and will look into your individual case in order to gain the compensation you deserve.

How much compensation can I claim for a dermal filler injury?

The amount of money you could claim for your dermal filler 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 dermal filler 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

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 a dermal filler 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 a dermal filler 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 dermal filler injury will depend entirely on your specific circumstances.

Your dermal filler 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.

Can I claim for an existing dermal filler injury that has got worse?

Yes, it is possible to pursue a claim in the event that a pre-existing medical condition, illness or injury is made worse or aggravated by an accident or someone else's negligence.

Dermal filler injury compensation calculator

Calculating how much compensation you can claim for a dermal filler 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 dermal filler injury claim could be worth now:

Calculate compensation

How long does a dermal filler injury claim take?

How long it can take to win compensation for a dermal filler injury can vary considerably.

For instance, a straightforward liability accepted medical negligence claim could be completed in 12 to 24 months. However, if the case is contested or there is a serious or complex ongoing injury, it could take longer. Usually, a cosmetic negligence claim should take 6 to 24 months. For more information on how long your claim could take, read:

How long will my claim take?

Will I still be able to claim for a dermal filler 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 dermal filler 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.

No win, no fee, no risk

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

No win, no fee guarantee

Our no win, no fee guarantee means there is no financial risk in making a dermal filler injury claim - even if you don't win your claim.

What do I pay if I win my dermal filler injury claim?

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

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

If your dermal filler 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.

Read more about making a No win, no fee claim

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. dermal filler injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. In some cases our solicitors can work on a reduced success fee. Call us for more information.

Read more about making a No win, no fee claim

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:

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Dermal filler 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 about claiming on behalf of another person.

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.

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

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.

Read more: Will I have to visit a solicitor's office?

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.

Read more about interim compensation payments.

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.

Read more about this Quittance Legal Expert