If you have been the victim of cosmetic surgery gone wrong, you may have a strong claim for compensation. Cases of medical negligence that lead to botched cosmetic surgery can be extremely distressing and damaging to those involved, and you may have a good chance of receiving a payout that reflects the pain, suffering and practical setbacks you have experienced.
However, it isn’t always entirely clear exactly how much compensation you might be entitled to receive, due to the fact that compensation totals are highly dependent on a number of different variables. Your personal circumstances and the extent of your injuries will all be taken into account when considering your case, as will the potential losses you are likely to suffer as a direct result of the incident.
Here, we will examine some of the main factors that affect how a compensation claim is calculated; by bearing this in mind, you’ll have a clearer idea of what to expect from your own case. You will also discover the kind of details you may need to discuss with your legal team to give your claim the best chance of success.
The main categories of compensation
Compensation for botched cosmetic surgery or other types of personal injury generally falls into two basic categories: damages for pain and suffering, otherwise known as general damages, and compensation for losses and expenses incurred in the past or anticipated in future, also known as special damages.
General damages are designed to help directly compensate the claimant for the negative repercussions of the contested incident itself, including the distress they experience and any loss of amenity that harms their overall quality of life. Special damages, meanwhile, have a more practical focus, aiming to help victims recover the financial position they would have been in had the accident not occurred.
It’s worth bearing in mind that the injured party will need to prove they have taken reasonable steps to mitigate their losses or expenses for special damages to be awarded. The court will decide this before making any ruling, so it’s important to be able to demonstrate proof of this.
Examples of factors affecting compensation awards
With these basics in mind, your legal team will build a case that details all of the potential general and special damages that apply to you, also known as heads of loss. Putting together a comprehensive list of heads of loss will help you to claim the full amount of compensation that you deserve.
These could include:
- The physical pain, discomfort and inconvenience caused by the injury
- The mental suffering experienced by the claimant, including anxiety, distress and embarrassment
- Loss of capability and independence, or newfound difficulty in completing day-to-day tasks due to damaged mobility and sensory impairment
- Accrued costs relating to subsequent medical treatment and rehabilitation services, including travel to and from appointments
- Expenses related to care and assistance, where an injured person becomes reliant on outside help with everyday tasks
- Loss of earnings or professional opportunities, whether this is due to the loss of a current job, or because the injury limits the individual’s future employment prospects
- Loss of relationship prospects, divorce or family breakdown that occurs as a direct result of the trauma of the botched surgery
- Missed personal opportunities, such as holidays or other events that have to be cancelled as a result of the incident
- Costs associated with lifestyle changes or home modifications that need to be made to help the affected individual adjust to a long-term injury
All of these potential heads of loss can affect the amount of compensation you might receive, so it’s important to consider all of them when building your case. It’s also worth noting that this is by no means an exhaustive list - your solicitor will consider all aspects of your circumstances to find every potential angle that could strengthen your case.
Ultimately, the best way to find out how much compensation you could be entitled to is to get in touch with an expert legal team, such as Cosmetic Surgery Solicitors, and discuss the particulars of your case as soon as possible. By doing so, you’ll be maximising your chances of attaining a level of compensation that truly reflects the circumstances you have been left with as a result of your botched cosmetic surgery.
Call us on 0808 252 7177 today, or complete our contact form to speak to us and find out if you can make a compensation claim. To find out more about the claims process, visit our dedicated page here.