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Car accident damages breast reconstruction surgery site.

by Pat

Accident on 12/31/08 at 9:30 am. Not my fault. Other driver ticketed. Property damage settled in my favor - 2007 bmw 328xi with 19,000 worth of repairs and I couldn't sell it, so I got 18000 in diminished value as well. Seatbelt shifted right implant and tore scar tissue that holds implant in place.

Implants are a result of reconstructive surgery following mastectomy in 2006. Reported pain in right breast to ins. co. on the night of the accident, saw my reconstructive surgeon to have it checked.

Was told to wait and check again as scar tissue damage can re-heal. Visited surgeon again in Sept. Scheduled reconstruction revision surgery for 12/28/09 to repair tear and shift. I will be out of work for 3 - 5 days and limitations for 3 weeks following surgery, with follow-up appts into June of 2010. Did go to GP for soft tissue injuries - back and neck - xrays and pain meds were prescribed.

Have not seen any other claim stories like mine. Not really painful after initial discomfort following accident, but upsetting, as it brought all of the past back and it is somewhat disfiguring.

How do I write up my pain and suffering for this? Any help appreciated.


Hello Pat,

I am sorry to hear about your situation. We have seen similar claims, and they can be worth quite a bid. In addition, your future follow up treatment can be quite expensive.

The insurance company will fight you on this (a lot!) … The "inside" view is that your implants are due to be redone in about 5 to 6 years, but most women like to "improve" or have them redone before that time frame. Your implant date (2006) to 2009 is about that range, which means they will argue that the reconstruction is not "reasonable and necessary." Please see:

You can rebut by showing medical testimony that your implants must be redone only due to the accident.

I am not trying to discourage you, simply giving you an insider approach. Also, your implants might be depreciated. Depending on the type of implant, the insurance company might depreciate their value from their total life expectancy minus the time you had them (4 years).

This can get nasty and you may be looking at hiring a good personal injury attorney to help you.

Regarding pain and suffering, it is very difficult to help you with that. You need to be compensated for all present and future pain. If you have to have more surgery, they need to pay you for that. It's very difficult to guide you because your medical specials might be high and without the exact language of your medical reports it will be hard to give you a number.

For more information, please see:

Good Luck,

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