Burn Injury Claims
If you have suffered a burn or scald that you believe was the result of negligence on the part of another person, you may be eligible to claim compensation for your suffering. At JMW, we understand that a successful claim may never fully make up for the pain and suffering your injury has caused you, but compensation can significantly improve the quality of your life.
To start your burn injury claim and find out how much compensation you could be entitled to, call us today on 0345 872 6666, or get in touch via our online contact form. Our expert burn injury compensation claims solicitors will talk you through your burns and scalds claim and explain what you can expect from the process.
How JMW Can Help
When our clients make burn injury claims, they are sure of our undivided attention. At JMW, our personal injury solicitors work with sensitivity and transparency, constantly updating the client about what they are doing and how it is helping to improve their case.
Burns can range in severity, from minor injuries that eventually heal, leaving minimal to no trace of the incident, to severe wounds covering huge areas of the body. Compensation for burns is often given to people who work in a job in which there is the risk of coming into contact with the following:
- High temperatures
- Friction
- Radiation
- Electrical equipment
- Chemicals
Drawing on our extensive expertise in this area of the law, we do everything it takes to achieve the result your claim deserves and get the maximum amount of burn injury compensation you are entitled to.
How is Liability Determined in Burn Injury Cases?
Liability in burn injury cases is typically determined through an investigation into the circumstances surrounding cause of the injury. The process begins with the gathering of evidence such as medical reports, accident scene photographs, witness statements, and any available CCTV footage.
The objective is to establish whether the person or entity being claimed against, known as the defendant, owed a 'duty of care' to the claimant and whether this duty was breached, leading to the burn injury.
If it can be proven that the defendant breached their duty of care and this breach directly resulted in your burn injury, they can be held legally liable for your injuries. In certain cases, it may be that more than one party shares liability.
Each case is unique and the determination of liability can be complex, which is why the involvement of a solicitor with expertise in burn injury claims is vital. JMW Solicitors are well-versed in navigating these complexities and will fight to ensure that those responsible are held accountable.
Employer Responsibilities
Burns are a real, constant danger in many industries. It is the duty of employers to ensure their workplaces are safe for their employees, and the risk of suffering a burn can be minimised by:
- Providing appropriate protection for employees, such as gloves or facemasks
- Making sure the employer controls the risks associated with certain substances
- Having proper health and safety measures in place
- Regularly inspecting and testing all of their equipment
If your employer has failed to meet their responsibilities to keep you safe whilst you are in the workplace, and you’ve sustained an injury, you are entitled to claim burn injury compensation.
What Evidence is Important to Support a Burn Injury Claim?
Supporting a burn injury claim with robust evidence is essential to its success. Here are some types of evidence that can be beneficial:
- Medical records: these provide an official documentation of the extent and nature of your burns, subsequent treatments, prognosis, and any future treatments or rehabilitation you may need.
- Photographs: photos of your injuries at various stages of healing can serve as strong evidence of the severity and duration of your suffering.
- Witness statements: if there were any witnesses to the accident that caused your burns, their accounts can support your claim. This could be colleagues, friends, family, or bystanders.
- Accident reports: if your burn occurred at work or in a public place, there should be an accident report. This will provide an official record of the incident and may indicate if any health and safety regulations were breached.
- Financial documentation: receipts, invoices, or statements can provide proof of any financial losses or expenses you've incurred due to the injury.
- Diary or personal statements: keeping a regular account of your pain, emotional distress, and the impact the injury has had on your daily life can also serve as evidence.
What Types of Compensation Can I Claim for a Burn Injury?
In a burn injury claim, you may be entitled to two main types of compensation, known as 'damages':
General damages refer to the compensation for the pain, suffering and loss of amenity (PSLA) you have endured as a result of your burn injury. This considers both the physical and emotional distress caused by the injury, as well as the impact on your ability to partake in activities or hobbies.
Special damages compensate for the financial losses and out-of-pocket expenses incurred as a result of the burn injury. This may include medical expenses, rehabilitation costs, loss of earnings (both present and future if you are unable to return to work or have to change your job), costs of care and assistance, and any other relevant expenses such as travel to medical appointments.
The value of a burn injury claim can vary significantly depending on the severity of the burn, the degree of pain and suffering experienced, and the financial impact on your life. This is why it is vital to have a skilled solicitor representing you to ensure you receive the compensation you deserve.
How Long Do I Have to Make a Claim for a Burn Injury?
In the UK, the general rule is that you have three years from the date of your burn injury to make a personal injury claim. This time limit, known as the 'limitation period', starts from the date when the accident happened or from the date when you first realised your injury was linked to the accident, known as 'date of knowledge'. It is crucial that you seek legal advice as soon as possible to avoid missing the deadline and to give your solicitor as much time as possible to build a strong claim.
There are some exceptions to this three-year time limit, however:
- In cases involving children, a burn injury claim can be brought at any time before their 21st birthday
- In cases involving someone who has lost mental capacity, there is no time limit. This only changes if the person recovers mental capacity, at which point the time limit resumes
FAQs About Burn Injury Claims
- Can I still make a compensation claim if the burn was partly my fault?
Yes, you can still make a claim if you are partly responsible for the burn injury. This is known as 'contributory negligence'.
In these cases, the compensation amount may be reduced to reflect the degree to which you were at fault. For instance, if it is determined that you were 30% at fault, your compensation may be reduced by 30%.
Even in cases of contributory negligence, it is essential to speak with an experienced solicitor. JMW Solicitors can provide expert guidance on your claim and ensure you understand all potential outcomes.
It is important to note that each case is unique, and the outcome can depend on a variety of factors. Therefore, if you believe you may have a claim, we advise contacting our team as soon as possible to discuss your situation.
- Can I make a burn injury claim on behalf of a child or a deceased family member?
For children under the age of 18, a litigation friend (usually a parent or guardian) can make a claim on their behalf. Any compensation awarded is typically held in a trust for the child until they turn 18.
If your family member has died as a result of a burn injury, a claim can be made for wrongful death. The claim can be initiated by a representative of the deceased's estate or a close family member. This can include compensation for funeral expenses, loss of income to the family, as well as for pain and suffering if the deceased survived for a period after the injury before passing away.
- Will my burn injury claim affect my employment?
In the UK, your right to make a personal injury claim, including a burn injury claim, is protected by law. It is illegal for your employer to dismiss you or treat you differently for making a claim after an accident at work. This includes accidents that have resulted in burn injuries.
If you have been injured at work and it was not your fault, you have the right to claim compensation. Your employer is required by law to have insurance to cover such claims. Therefore, any compensation is typically paid by the insurance company, not by the employer directly.
If you feel that your employment has been negatively impacted as a result of making a claim, this could constitute unfair dismissal or discrimination, which are also legal matters.
- What are common causes of burn injuries?
There are various reasons why you might suffer a burn, and our team has handled claims for burns and scalds compensation that relate to many different causes, including:
- Road accidents resulting in vehicle fires
- Accidents at work, especially jobs that deal with chemicals or flammables
- Hot food and beverages that are not suitable for consumption
- Faulty products, particularly electrical goods
- Acid attacks causing chemical burns
Regardless of how you have suffered a burn or scald, if it was caused by somebody else's negligence, our expert solicitors can help you make a claim for compensation.
- What injuries are caused by a burn?
The consequences of suffering a burn or scald can vary wildly. Even a small burn can cause long-lasting pain, and naturally, more serious burns can cause even more damage, which may be permanent in some cases. The sort of injuries burns and scalds may cause include:
- Muscle damage
- Nerve damage
- Tendon damage
- Ligament damage
- Reduced mobility
For more information about the injuries caused by a burn, take a look at the NHS website.
- What are the categories of a burn?
Three categories are usually used to classify the severity of a burn. These are:
- First-degree burns - damage to the top layer of skin, usually causing it to go red and be slightly painful. These are the most minor type of burn and your skin should not blister
- Second-degree burns - these are more serious than first-degree burns. They affect deeper layers of the skin and are likely to lead it to blister, with the skin becoming bright red
- Third-degree burns - these are very serious and may cause damage to muscles, tendons, ligaments and nerves on account of the skin being completely burned away. They often result in permanent scarring and, in more extreme cases, death.
Some burns can be classified as fourth, fifth and sixth-degree burns, although these classifications are rare, as they are typically only used during a post-mortem examination, because burns of that severity tend to result in the death of the victim.
For more information on the types and degrees of burns, visit the WebMD website.
Talk to Us
To discuss your burns claim with our experienced team of solicitors, get in touch today by calling 0345 872 6666 or complete our online enquiry form and we will give you a call back as soon as we can.
