When are you entitled to compensation for cosmetic damage?

You may suffer visible scars from an accident or be so severely injured that you suffer cosmetic damage. This damage affects your appearance. This may be visible or invisible to the outside world. Either way, it makes you feel less attractive. In this article, you will find out when you are entitled to compensation for cosmetic injury, what exactly cosmetic injury entails and what specific damages you can expect.

What is covered by cosmetic injury?

Cosmetic damage includes any visible damage to your appearance that makes you feel physically less attractive. So this refers to the psychological impact this damage has on your daily life and not the physical discomfort you experience as a result. What can you think of, for example?

• Scars
• Skin discolouration
• Burns
• Damage to your teeth
• An amputated finger, arm or leg
• Mutilation
• Difficulty walking due to injury to your leg or foot

These are all forms of aesthetic injury. It can be purely cosmetic damage, such as:

• visible scars on your face after a dog bite
• burns all over your body because your new electric blanket suddenly caught fire
• skin discolouration on your face after laser treatment for facial hair you wanted to remove

But it can also go hand in hand with permanent disability if your arm has been amputated, because you crashed into a machine with it during working hours. You may then have a prosthesis that allows you to use ‘your arm’ again as best you can, but it can also make you feel very watched.

In addition, some may be less bothered by, say, a large scar on their abdomen than others. You might go on the beach without any problems, but your neighbour might not show up in her bikini anymore. How you deal with this depends on how you see yourself and what you value. Incidentally, this does not mean that you should not value your appearance. On the contrary. In many professions, at the very least, you are expected to look neat. Moreover, in some professions, your appearance is what or part of why you were hired, for instance if you are a hand model or work in a fancy clothing shop. You can then, in some cases, even end up without a job. And of course, there are always exceptions such as the actor Tommy Flanagan from Braveheart who started acting only after he suffered severe facial scarring due to senseless violence.

Are you entitled to compensation for cosmetic damage?

In most cases, you are entitled to compensation for cosmetic damage. In the examples we mentioned above, liability for your injuries lies with:

• The owner of the dog for the dog bite. This is also known as strict liability.
• The manufacturer for the burns caused by the new electric blanket that caught fire. If you used the blanket as described in the instruction manual, this must have been a manufacturing defect.
• The beauty salon for the burns that occurred during the removal of your facial hair. After all, as a customer, you should expect that laser treatment will not leave you with burns or scars.
• Your employer for a workplace accident. Your employer must comply with very strict duties of care, including continuous supervision of the work. This is to prevent accidents from happening, such as an employee momentarily not paying attention and getting his arm stuck in a machine.

You can also suffer aesthetic damage from other accidents such as a traffic accident or a kick from a horse. If another person can be held liable for your injuries, you are entitled to compensation.

Specific costs you incur in cosmetic damage

You are entitled to compensation in most cases when you suffer cosmetic damage. The liable party must compensate you for your damages. Cosmetic injuries have a number of specific costs you may face, such as those for:

• Plastic surgery
• Make-up to hide your scars
• Concealing clothing
• Treatments with a psychologist that may be outside your health insurance plan

Most health insurers reimburse the cost of plastic surgery only if it is medically necessary, such as an eyelid correction when your vision is impaired because your upper eyelid has become droopy. Plastic surgery after an accident usually has no medical necessity. Sometimes it does in children, because scar tissue can inhibit normal growth. If this is then not treated, crooked growth can occur. Therefore, plastic surgery in such a situation does become medically necessary.

Of course, there are many other costs such as missed income, the cost of your deductible and costs without utility. For example, you may have taken out a swimming subscription before the accident that you no longer want to use because your scars no longer make you feel comfortable in your swimwear.

Future treatments or operations

If you want to have something done about your cosmetic damage, this is usually only possible after you have recovered as much as possible from your injury. You may then have to undergo several more treatments and surgeries. These future damages will be added to the rest of your compensation.

If your child has suffered cosmetic injuries in an accident, your child often cannot undergo plastic surgery until he or she is fully grown. Therefore, a child’s personal injury case is often settled with an ‘open-ended’ settlement. Your child can then return to the case, if the need arises.

Compensation for pain and suffering

You are always entitled to compensation for pain and suffering for cosmetic damage. This compensation is a symbolic amount for all the pain, sorrow and diminished enjoyment of life you experience due to the accident. The impact of cosmetic damage on your daily life is one of the points considered when calculating compensation for pain and suffering. Perhaps painting was your great passion but is now more difficult because you have an arm prosthesis. The severity and visibility of your scars will also be considered. Perhaps you were always to be found on social occasions, but notice that after the accident, you try to avoid public spaces as much as possible because of the scars on your face. Scars on your face are not or much harder to hide than scars on your legs or back.

In children, cosmetic damage can also have a major impact on how they develop: from carefree and confident to anxious and insecure. Also, some forms of cosmetic injury can completely upset your child’s future plans. If your child has been dreaming of a career as a surgeon for years, but this is no longer possible because of an arm prosthesis. Or if your child wants to work in the navy, but it is already clear that he or she will be rejected due to a leg prosthesis. All this should also be taken into account when calculating the compensation for pain and suffering.

How can you claim compensation for cosmetic injury?

Suppose you suffer cosmetic injury due to an accident, we advise you to take the following steps:

1. Write down all the details of the other party and any witnesses.
2. Take photos of the situation, your injuries and damage to your personal property.
3. Visit your general practicioner or hospital immediately to get your injuries treated. This doctor’s visit will be noted in your medical record and is important evidence in your personal injury case.
4. Keep a log of all events from the day of the accident. Also keep all bills and receipts from your personal injury claim.
5. Engage an experienced lawyer who can help you claim the compensation you are entitled to.

When you are entitled to compensation, all damages must be carefully calculated. Some damage items are very complex including compensation for pain and suffering and future damage. An experienced lawyer can help you calculate these damage items. You will then not have to engage in laborious discussions with the other party’s insurer about how the cosmetic injury affects your daily life. In fact, this can be very painful and frustrating if the insurer does not seem to understand you and does not want to acknowledge your feelings.

Our lawyers have extensive experience with victims who have suffered aesthetic injuries as a result of an accident. Therefore, your personal lawyer will know exactly what you are entitled to. Legal help for cosmetic damage is also free for you, as the other party’s insurer must also reimburse these costs. When you choose legal help, you can focus on your recovery while your personal lawyer claims the maximum compensation for you.

Would you like to learn more about claiming compensation for cosmetic damage or have your case handled directly by one of our lawyers? Then contact us today. Our lawyers will be happy to find out what we can do for you.