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Breast Implant Ruptured In Car Accident

Question: My breast implant ruptured in a car accident. The other driver’s insurance contends it’s not related to the accident and refuses to pay to replace it. Do I have a case?

Answer: Over the years, we have handled many cases involving a breast implant that leaks or ruptures due to a car accident. The defendant’s insurance company is on the hook for this injury, and will pay, as long as you have the evidence to connect the injury to the accident. It is therefore important that you are represented by an attorney with experience handling and proving up this type of injury claim.

Rupture or leakage of a breast implant can happen in a head-on collision, front-end impact, or side-impact. Airbag deployment or seatbelt tightening can damage the breast implant, causing rupture, leakage, or relocation. Implant injury can also happen as the result of a rear-end impact if your chest hits the steering wheel.

Connecting the Rupture or Leakage to the Car Accident

A specialist’s report connecting the rupture, leakage or relocation of the implant to the accident is critical in order to prove your claim. We can refer you to a doctor who will write a report giving us that “causation.” The doctor will order a mammogram to confirm the injury. The sooner the implant damage is documented in a medical report, the better for your case. If several months go by before the diagnosis is made, or before the complaint is documented in a doctor’s notes, then the insurance adjuster will likely argue that an intervening event could have caused the rupture.

You are Entitled to Symmetrical Breasts

We will also ask the surgeon whether excellent symmetry can be achieved without having to re-do both implants. You are entitled to the same symmetrical look that you had before the crash. If that symmetry can only be obtained by replacing both implants, then we will demand that the insurance company pay for bilateral replacement, even if only one implant was ruptured.

Implant rupture, leakage or relocation can cause pain, as well as mental distress and depression. We have found that insurance adjusters can be astonishingly callous about the trauma of breast disfigurement. Our attorneys will get you to a plastic surgeon who will diagnose the injury to your breast and provide a report giving us the causation we need to win your case. We will demand full compensation to cover the cost of surgery, and the pain and suffering resulting from this injury.

If you were injured in an auto accident, you might have a case. If you’d like to schedule a free case evaluation with one of our experienced auto injury attorneys, please call McGee, Lerer & Associates at (310) 231-9717 or send us an email.