Types of compensation
What types of things can I claim compensation for?
A Class Action proceeding enables a person to pursue a claim for compensation as a member of a larger group. Despite this, each group member’s claim for compensation is individually assessed and analysed having regard to each person’s unique circumstances.
It is critically important to be aware of the types of things you can claim compensation for. In many instances, this extends well beyond the amount you have paid to Dr Lanzer’s clinic for the cosmetic surgery.
In the event legal liability is established, compensation can be claimed for a range of losses including:
This may include the money that you paid to Dr Lanzer’s clinic for your procedure, any out of pocket expenses you’ve incurred for things such as pain medication or after-care treatments, as well as any costs associated with revisionary surgery.
Loss of earnings
If you were required to take extended time off work or needed to reduce your hours because of complications or injuries following your cosmetic surgery, a claim can be made for your loss of earnings.
Compensation for gratuitous care
This includes an allowance for the time spent by family members or friends to care for you or assist you with daily tasks that you could not undertake after your surgery.
General damages including for “pain, suffering and loss of enjoyment of life”
In order to establish an entitlement to damages of this nature, it is necessary to establish that you have a “significant injury”. This is a legal test relating to the degree of your permanent impairment, following your cosmetic surgery at Dr Lanzer’s clinic. For physical injuries – a whole person impairment of 5% or greater is required, and for psychological injuries a 10% or greater whole person impairment is required.
Compensation for “pain, suffering and loss of enjoyment of life” can be considerable. In our experience it is common for significant physical and psychological injuries to arise in these circumstances. As your claim progresses via the class action Maddens Lawyers will provide you with advice as to whether you are likely to have a claim for “pain, suffering and loss of enjoyment of life”. You may also need to obtain a medico legal assessment which is a specialist assessment to provide a percentage assessment of your level of impairment. Maddens Lawyers will arrange the medico legal assessment on your behalf.
Our experienced and compassionate team will work closely with you to ensure your eligibility for each type of compensation is explored and your compensation opportunities are maximised.