Dermal fillers are a cosmetic treatment used to improve wrinkles and lines on the face and to rejuvenate the skin. While some experts have called for dermal filler procedures to be carried out only on prescription, the authorities have resisted this call while they look to improve safety. However, while many treatments are successful and cause no problems, injuries can occur.
In this guide to dermal fillers compensation claims, we’ll explain how the claim process works, what forms of beauty treatment negligence could allow you to claim, and what payout you could be looking at.
We are able to help with dermal filler claims. To begin with, we provide a no-obligation review of your case over the phone. During the call, free legal advice will be given about your options. Where it appears that your claim could be successful, we’ll refer you to a personal injury solicitor from our team. If they take you on as a client, they’ll work for you on a No Win No Fee basis. That means there are no upfront solicitors fees and you won’t need to pay for their work if your claim fails.
To discuss claiming compensation for dermal fillers injury today, please get in touch on 0800 6524 881. If you’d like to learn more about the claims process before calling, please continue reading.
Table of contents
- What Are Dermal Fillers?
- Am I Eligible To Claim Dermal Fillers Injury Compensation?
- Evidence To Support A Dermal Fillers Compensation Claim
- Types Of Cosmetic Negligence You Could Claim For
- How Much Compensation Can I Claim For Dermal Filler Injuries?
- Dermal Filler Injury Payout Amounts
- How Long Do I Have To Make My Claim?
- How Our Solicitors Can Help With A Dermal Filler Claim
Dermal fillers are injections under the skin used to alleviate wrinkles and signs of ageing and add shape and volume to the lips.
Over the years we have seen the introduction of an array of different substances which extend the impact they have on the body. Common types of dermal filler today include:
• Collagen, perhaps the best known dermal filler, will last between three and four months before it needs to be replenished;
• Hyaluronic acid has a slightly extended impact lasting between four and six months;
• Calcium hydroxyapatite offers a significantly extended impact period which can last up to 18 months;
• Polylactic acid is a substance that needs to be administered over a number of months but can last up to 2 years.
- To help diminish laugh lines.
- Lip fillers to add shape and volume.
- Injections underneath the eyes to replace the natural loss of collagen.
- In the cheeks to increase volume.
- In the hands to reduce the appearance of ageing skin.
- Dermal filler in the soles of the feet to add cushioning.
- In the earlobes to fill in wrinkles and creases caused by ageing skin or heavy earrings.
Dermal filter treatment does have some common side effects. Importantly, you’re not likely to be able to claim for these if they were discussed prior to treatment, however, you should call for advice to double-check if in any doubt. Common side effects include:
- A rash.
Less common side effects include:
- Where the filler moves from one area to another.
- Tissue death where blood flow is blocked by the filler.
- Injuries to your blood vessels.
- This is rare but can occur if blood vessels leading to your eyes are blocked by dermal filler.
- Granulomas – a reaction to the dermal filler that causes inflammation.
- Filler leakage through the injection site.
It may be possible to claim for these physical symptoms or any psychological injuries if they were caused by negligence. Our team can review your case with you for free to see if you have grounds to take action. Call us today to find out more.
If you’ve sustained injuries following dermal filler treatment, there are a couple of things to confirm before a solicitor will take your case on:
- That the practitioner who treated you was negligent in some way; and
- Because of that negligence, you were injured.
There are several forms of negligence that we’ll look at later on but, in brief, they can include malpractice, failure to inform about side effects, unhygienic practice, and failure to investigate your medical history.
As part of any dermal fillers compensation claim, evidence will be required to try and prove what happened and what injuries you sustained. This is important because if you don’t have the evidence to back up your allegations, the defendant could deny liability altogether or say that your injuries weren’t caused by their actions. The types of evidence you could use include:
- Photographic evidence. If you can show before and after photographs of your dermal fillers treatment, this can make it easier for others to see how you’ve been affected.
- Medical notes. Following a dermal filler injury, you should visit your GP or a minor injuries unit for advice. You’ll either receive treatment or be advised on how to manage your symptoms. Either way, medical records could be obtained later on that detail your injuries.
- If you have any documentation, correspondence, or adverts from the clinic about the treatment you received, these could all be used as evidence. For example, literature that is misleading or fails to warn of any associated risks could be important.
- Witness statements. If a friend or relative was with you when you were treated, they could be asked for a statement from your solicitor.
- Accident reports. It’s important that you let the beauty salon or clinic know about your injuries. They should record the incident in their accident report book. Your copy of the report is important evidence as it makes it very difficult for the owner to deny the incident occurred.
- A list of expenses. Another piece of evidence that might help is proof of any expenses you have incurred because of your injuries. Therefore, try to keep hold of bank statements or receipts to help prove your spending as these expenses could be claimed back.
You might think that gathering the evidence listed above will take a long time. However, it is time well spent as having such evidence could greatly improve your chances of winning compensation. Even in cases that appear to be straightforward, the clinic’s insurance company won’t compensate you without sufficient evidence.
Call us today and a claims advisor will review any evidence you’ve already gathered.
The two main forms of cosmetic negligence involved in dermal filler compensation claims are:
- Procedural mistakes.
This can happen in a couple of ways. Firstly, too much dermal filler might be used. When this happens, the filler might need to be removed and this can be tricky. Secondly, the filler might be applied to the wrong site and cause bumps beneath the skin.
- Poor advice.
As part of your treatment, a full consultation should be carried out beforehand. This should explain the procedure that will be followed and explain any risks. Your previous medical history should be discussed. If a consultation doesn’t happen, you could claim compensation for any side effects or adverse reactions caused by the dermal filler treatment.
Additionally, you may be able to claim if you were injured because the wrong equipment was used or the treatment was carried out in unhygienic conditions.
Please speak to us today if you’d like an impartial view on whether you could start a claim.
Compensation claims for dermal filler injuries are usually separated into two parts:
- General damages. Here you ask for compensation for any pain, suffering and loss of amenity. As well as your physical suffering, you could also include psychological harm in this section too. For example, if you became anxious about your appearance following treatment, this could be considered.
- Special damages. This part of the claim concentrates on any financial impact caused by your injuries. You could claim any costs, losses or expenses here. For example, you could claim back any earnings you lost because of your injuries as well as any medical or travel expenses.
Proving the extent of your injuries is important. Therefore, your dermal filler claim may require an independent medical assessment. Our solicitors will always try to book these locally for you.
The majority of dermal filler claims revolve around facial injuries. There may also be the aspect of psychiatric harm which can have a material impact upon the victim’s life going forward. Potential payouts for dermal filler claims for general damages are displayed below. The figures displayed are advised levels of compensation and should be used as a guide only. As each dermal filler claim is different the actual settlement figure may vary.
- Facial disfigurement consisting of relatively trivial scarring can still see compensation awarded from £1,600 and £3,310.
- Cases, where a relatively small number of scars have remained after dermal filler injections, could expect compensation from £3,710 up to £12,900.
- Severe psychiatric damage to the lower end of the scale, which falls short of issues such as travel anxiety, phobias and long-term disability, tends to see compensation from £1,440 up to £5,500.
- Moderate psychiatric issues which have a direct impact on the person’s ability to cope with life, work and education – together with difficulty holding relationships, increased anxiety and feelings of vulnerability – can lead to compensation from £5,500 up to £17,900.
- Moderately severe psychiatric problems as a consequence of dermal filler injuries could see compensation from £17,900 up to £51,460. This level of compensation reflects a difficult long-term prognosis, the emergence of work-related stress which can impact the victim’s long-term income
- Where the impact is extreme in areas of life, education and work, together with the emergence of anxiety and phobias, not to mention difficulty maintaining normal relationships with family and friends, compensation anywhere from £51,460 up to £108,620 could be expected.
If your case is taken on, you’ll be given a more personalised compensation estimate after your solicitor receives the report from your medical assessment.
Time limits for compensation claims are set out in the Limitation Act 1980. For dermal filler claims, you have 3-years to take action. This time limit begins from either:
- The date you were treated negligently; or
- When your injuries were diagnosed (the date of knowledge).
We advise that it’s best to begin the claims process as soon as you can. There are two main reasons for this. Firstly, you’ll find it easier to recall what happened and secondly, it will be easier to secure evidence to back up your allegations.
To check how long you’ve got left to start your dermal filler claim, please call our claims advisors today.
Even if the person who treated you admits liability when you complain to them, you are unlikely to be compensated unless you can prove why their dermal fillers treatment is to blame. That’s because the claim will go straight to their insurance company. If you don’t convince them that their client was negligent and caused your injuries, you are likely to miss out on any compensation due.
We believe that you could improve your chances of being compensated if you have one of our personal injury solicitors as legal representation. Using their legal skills and experience, they’ll prepare a solid case for you backed up with ample evidence. So that you’re not overwhelmed with legal or medical questions, your solicitor will deal with the defendant’s insurers for you. However, they will always keep you up to date by sending regular updates.
If you would like to see if we could help you make a dermal filler injury claim, please call us today on 0800 6524 881. A specialist advisor will discuss your options with you for free.
Last updated 20th December 2021.