This guide will explain the burn injury claims process. In this guide, we will explore the different circumstances that could entitle you to make a personal injury claim. You can learn about how much your injuries could be worth and what evidence can validate your claim.
Furthermore, we will outline the time limitations in place and the eligibility criteria for making a claim. Additionally, we will discuss the benefits of legal representation and how you could be connected with a solicitor.
You can contact our advisors for support. If they feel you have a legitimate claim, they could put you in touch with a No Win No Fee solicitor from our panel.
Jump To A Section or Browse Our Guide
- When Are You Eligible To Make Burn Injury Claims?
- Is There A Time Limit To Making Burn Injury Claims?
- What Amount Of Burn Injury Compensation Could You Receive?
- Potential Evidence That Could Help You Claim Burn Injury Compensation
- See If You Can Receive A Burn Claim Payout With Our Panel Of No Win No Fee Solicitors
- Learn More About How To Make Burn Injury Claims
Burns and scalds occur when excessive heat is applied to the skin. Burns are caused by dry heat, such as a fire, while scalds result from wet heat like steam or hot water.
You must prove the following in order to make a personal injury claim:
- A third party owed you a duty of care
- This duty of care was breached
- You sustained injuries in an accident that this breach caused
Below we will explore some of the circumstances that could entitle you to make a personal injury claim. If you have any questions, however, don’t hesitate to get in touch.
Road Traffic Accidents
A car accident could cause a burn injury if the engine explodes, causing the car to catch on fire. Furthermore, airbags can be deployed at high speed and cause friction burns. In addition to this, thermal burns can occur because of the high-temperature thermal gasses that ignite in order to allow the airbag to deploy.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 outlines the duty of care owed to those in public places. Those in control of spaces that the public can access have a responsibility to ensure the reasonable safety of those who use the space for the intended purpose.
For instance, if there is a slip, trip and fall hazard that isn’t signposted or cleared away effectively in a supermarket, this could cause you to fall and land on a hot surface like a radiator or hot food counter, causing you to be burned. With evidence of third-party negligence from the owner of the shop, you could make a public liability claim.
Accidents At Work
Burn injury claims may relate to an accident at work. In order to make a claim against your employer, you must prove that they failed to take reasonably practicable steps to keep you safe. The Health and Safety at Work etc. Act 1974 sets out the duty of care that employees owe those who work for them.
For example, your employer might fail to provide you with the protective equipment you need to do your job safely. As a result of not being provided with heat-resistant gloves, you could experience a burn injury when you pick something up.
If you would like to find out whether you could have a valid claim, speak with a member of our team today.
The Limitation Act 1980 is in place to ensure that burn injury claims take place within a general time limit. In most cases, you generally have three years from when you sustained injuries to start the claims process.
This time limit applies to starting a claim. There’s no requirement for your claim to be complete within this time frame.
Can I Make A Personal Injury Claim After 3 Years?
If the claimant is mentally incapable of making a claim, the time limit is frozen unless they make a recovery. A litigation friend can be appointed to seek compensation on their behalf while it’s suspended.
This is also the case if the injured person is under the age of 18. For these cases, the time limit is frozen until the date of legal majority, and a litigation friend can start the process at any time before this.
Connect with our advisors to learn more about the time limitations in place and your eligibility to start the burn injury claims process.
You can seek compensation for your physical and psychological injuries through general damages. Solicitors calculate this head of claim using the Judicial College Guidelines (JCG), which is a publication that displays guideline figures for various injuries.
Examples from the JCG have been provided in the table below. However, in order to see what your injuries are worth, you will need an independent estimation. Call our advisors today to learn more.
|Burn Injury (a)||Likely to exceed £104,830||Injuries are serious, covering 40% or more of the body and causing a great deal of pain with possible continuous physical and psychological injury.|
|Facial Scarring - Very Severe||£29,780 to £97,330||Very disfiguring cosmetic impact. Severe mental reaction.|
|Facial Scarring - Less Severe||£17,960 to £48,420||Substantial disfigurement. Significant reaction.|
|Facial Scarring - Significant||£9,110 to £30,090||Worst effects reduced by plastic surgery. Some cosmetic disability.|
|Facial Scarring - Less Significant||£3,950 to £13,740||Scar or scars that mar but do not markedly affect the appearance.|
|Chest Injury (a)||£5,320 to £12,590||Smoke inhalation causing residual damage which doesn't permanently impact lung function|
Special Damages As Part Of Your Burn Claim Payout
If you’ve suffered financial losses due to the accident in which you were injured, you can claim this back through special damages. For example, if you cannot take a pre-booked holiday due to being injured, you can claim back the cost of the trip. Special damages also apply to loss of earnings, care costs and travel expenses.
Evidence of financial losses must be provided for you to seek compensation. This can include bank statements, receipts and prescriptions. Below we will further explain what classifies as valid evidence for burn injury claims.
It is important to retain as much documentation as possible that relates to your claim. This includes:
- Copies of scans and medical reports
- Photographs of your injuries
- A diary that outlines your symptoms and how the accident and your injuries impacted you
- CCTV footage of the accident
A solicitor can assist you with collecting evidence for your claim. Read on to learn about the benefits of legal representation. Alternatively, our phone lines are open 24/7 for you to ask any questions.
With a CFA, you generally:
- Don’t have to pay solicitor fees upfront or during the claim
- Don’t have any fees to pay your lawyer for the work they’ve done
- Are only expected to pay your solicitor in the form of a success fee in the event that you’re awarded compensation. This is subject to a legal cap, ensuring the majority of the award goes to you.
If your claim is valid, you could connect with a solicitor from our panel. To start the claims process, contact our advisors today:
Thank you for reading our guide focussing on burn injury claims. For more information on making a claim for third-party negligence, read our other guides below.
More resources are available here for further reading.
- NHS – 2022 Statistics
- GOV – Statutory Sick Pay
- Health and Safety Executive – Guidance on Risk Assessments
If you have any more questions about burn injury claims, speak with a member of our team for free legal advice.
Writer Jess Angler
Publisher Fern Stringer