What is a burn injury claim?

A burn injury claim is a compensation claim you can make if you suffer burns of any kind because someone else was negligent. Burn injuries can have a devastating physical and psychological impact, often causing scarring or disfigurement which is life-changing.

If this happens to you because another party fails in their duty of care then you may be able to claim compensation. Burn injuries can be caused by things like naked flames, hot surfaces, chemicals or electricity.

A burn injury can cause damage to skin, nerves, muscles and tendons and may require cosmetic surgery and on-going medical treatment. It could impact your ability to live your life and even earn a living.

The personal injury solicitors at Beacon Law know just how devastating burn injuries like this can be and we’ll work in a supportive and empathetic manner to seek the compensation you deserve. Tell us how your life has been impacted and we’ll explain what burn injury compensation involves.

Can I make a burn injury claim?

Yes, you can make a burn injury claim if you’ve suffered a burn injury and it happened because another party acted negligently. A successful claim will be based on the following criteria:

• Another party had a duty of care to keep you safe – examples could include an employer, your landlord or the owner of a business
• The other party failed in that duty of care and you were burned and suffered an injury as a result of this failure

Our job as your solicitors will be to build a claim which proves negligence occurred and then details the nature, severity and impact of your burn injury.

It is also possible to make a burn injury claim on behalf of another person such as a child, someone without the ability to claim on their own behalf, or someone who dies as the result of burn injuries.

How much compensation can I claim for a burn injury?

The amount of compensation you can claim for a burn injury could range from a few thousand pounds for burns which cause minor facial scarring up to more than a hundred thousand for burns which impact more than 40% of the body. In general terms, burn injury compensation amounts depend upon how severe the burns are and how much impact the injuries have on your life.

All burn injury compensation payments are made up of general damages and special damages. General damages are calculated on the basis of the pain and distress caused by burn injuries and the degree to which they stop you living the life you previously lived.

Calculations are made using a publication called the Judicial College Guidelines which sets out ranges for specific injuries.

Included in the latest edition are the following figures:

• Facial burns resulting in significant scarring – £9,110 to £30,090
• Facial burns resulting in less significant scarring – £3,950 to £13,740

Following a medical evaluation the team at Beacon Law will be able to provide an estimate of the general damages we think your burn injury should generate. The on-going psychological impact of a burn injury, such as PTSD, will also be taken into account when calculating general damages.

Special damages are paid to compensate for the financial impact of your burn injury. This includes money to cover any loss of earnings or pension because your burn injury impacts your ability to work in the way you used to, and payments for expenses which are directly caused by your burn injury.

These expenses could include, but not be limited to, the following:

• Medical expenses now and in the future
• Any care provision needed because of your burn injury now and in the future
• Any income lost by a family member who needs to provide care
• The cost of any specialist equipment you need to purchase
• The cost of any adaptations you need to make to your home or vehicle
• Travel costs to and from any medical appointments directly relating to your burn injury
• The cost of any counselling or therapy needed to deal with the psychological impact of your burn injury

How much will it cost to make a burn injury claim?

If you make a burn injury claim with Beacon Law then we’ll work on a no win no fee basis (sometimes referred to as a Conditional Fee Arrangement), meaning it will cost nothing at all up-front to make a burn injury claim. We’ll build your claim, contact the other party and negotiate a settlement without charging anything, and will only take a fee if your claim is successful.

We will never take more than 25% of the compensation you receive, and only after the money has been paid. If the claim is unsuccessful then expenses such as the legal costs of the other party will be covered by After the Event (AtE) insurance which we take out on your behalf.

What is the process of making a burn injury claim?

The process of making a burn injury claim can be broken down into a series of smaller steps. Although each burn injury claim is unique, these steps will usually include the following:

• Seek medical attention immediately following your injury to maximise the chances of any recovery and to create an official record of the circumstances
• Pull together any evidence you can get hold of, such as photographs of the scene of the accident and of your injuries, any entries into a workplace accident book, police reports where relevant, and the contact details of any witnesses to your accident
• Contact the personal injury experts at Beacon Law. After an initial free consultation we’ll be able to tell you whether you have the grounds to make a burn injury claim.
• We’ll arrange an independent medical examination to ascertain the full extent of your burn injury and the prognosis for any recovery
• We’ll pull together the evidence, including your medical records regarding any treatment for your burn injury, as well as your own detailed statement, and statements from any witnesses to the accident
• We’ll inform the other party that you intend to seek compensation for your burn injury. We’ll present the evidence of their negligence and details of the impact the burn injury has had on your life.

In the majority of cases the other party admits liability when presented with a claim. Once this happens we will negotiate a fair compensation settlement, never settling for anything less than 100% of the amount you are entitled to.

In a minority of cases liability is denied or no fair offer made. If this happens the case will be decided in court, where the team at Beacon Law will work by your side to present the strongest possible case.

Throughout this process we will be on hand to offer support and answer any questions in a clear, jargon-free manner. From identifying the negligent party in your case through to explaining exactly what expenses you can claim compensation for, we’ll take the stress from the claims process and leave you free to concentrate on your recovery.

What evidence do I need for a burn injury claim?

When we make a burn injury claim on your behalf we’ll pull together the evidence needed to show that the injury happened, and to set out the physical, psychological and financial impact the burn injury had. This evidence will include, but not be limited to, the following:

• Your own personal statement setting out how the burn injury happened and the impact it has had on all aspects of your life
• Statements from any witnesses to the accident causing your burn injury
• Photographs or video footage of the scene of the accident, such as a workplace, road junction or public space
• Proof of purchase of a faulty product which causes a burn injury
• Any reports from police or ambulance workers attending the scene of an accident
• Your medical records, particularly those relating to the treatment you’ve received following your burn injury
• Documentation setting out the financial impact of your burn injury, such as wage slips, bank statements and receipts for direct expenses

You don’t need to have this evidence in place when you contact Beacon Law, as our team are experts at building cases to prove negligence and win 100% of the compensation you’re entitled to.

What are the time limits for burn injury claims?

There is a strict burn injury claim time limit in place under UK law, which means that you have to start your compensation claim within 3 years of the accident which causes your burn injury. There are exceptions to this rule, including the following:

If you are under 18 at the time of the injury the 3 year limit will run from your 18th birthday to your 21st birthday

If you lack the mental capacity to start a claim at the time of an accident, the 3 year limit will run from the date on which you regain capacity

What are the common causes of burn injury claims?

Any accident which causes a burn injury could form the basis of a burn injury claim, but some of the most common causes we deal with at Beacon law include the following:

• House fires which happened because of faulty appliances
• Medical negligence which causes burn injuries such as scarring during laser treatment
• Road traffic accidents in which burn injuries are caused by open flames or heated surfaces
• Workplace accidents involving electrical faults, hot surfaces, lack of PPE, poor risk assessment, insufficient training etc.
• Injuries which happen at firework displays
• Scalding caused by hot water in hospitality or care settings
• Burn injuries caused by faulty consumer goods

What are the most common types of burn injury claims?

It’s easy to assume that burn injuries are always caused by open flames, but our experience of making multiple successful burn injury claims has shown that the actual causes can include hot liquids, steam, extreme cold, radiation, sunlight, chemicals, friction and electricity.

Accidents which cause burn injuries can take place in workplaces, hospitality settings and public spaces, and can be caused by anything from faulty electrical products to road traffic accidents and medical negligence.

The types of burn we deal with when making burn injury claims include the following:

Electrical burns – caused by things like touching an exposed live wire or faulty appliance
Chemical burns – caused by exposure to acids or alkalis in substances such as cleaning products, industrial chemicals and construction materials
Thermal burns – caused by being exposed to heat in the form of a hot surface, open flames, steam, boiling water and extreme cold
Friction burns – caused by rough surfaces coming into contact with exposed skin, such as burns caused by falling off a moving bike onto a road surface
Radiation burns – caused by over exposure to sources such as X-rays, radiation therapy and UV rays from the sun

What does the degree of burning mean?

One way of establishing the seriousness of a burn injury is by measuring how deep into the skin the burn penetrates. This is then expressed as a degree, in the following way:

First-degree burns – also known as superficial, these are mild burns which only impact the top layer of the skin. Whilst being sore and red, they won’t cause blisters and usually heal quickly without scarring.

Second-degree burns – also known as partial thickness, these are deeper burns which reach the second layer of the skin. They are painful and result in blisters, redness, swelling and scarring.

Third-degree burns – also known as full thickness, these burns penetrate all three layers of the skin and can impact deeper tissue. They are classed as serious injuries which can damage bones, tendons, nerve endings and muscles, causing scarring and permanent numbness.

Fourth-degree burns – these are burns which penetrate deeper than the skin to impact nerves, tendons and muscles. Burns of this kind often need surgery and can lead to amputation.

Fifth-degree burns – these are burns which completely destroy muscles, tendons and skin, exposing the bone. Burns of this nature can be life-threatening and can cause organ failure or complications leading to amputations.

Sixth-degree burns – these are the most serious types of burn, with every layer of tissue destroyed and the bone exposed. If recovery is possible it will involve prolonged pain and infection management and often intensive medical care. The majority of people suffering sixth degree burns do not survive.

The degree of burns suffered in an accident will inform the impact it has on your life in general, and will be reflected in the general damages paid in any successful burn injury compensation claim.

How long do burn injury claims take?

A burn injury compensation claim could take a few months to settle if the injuries are relatively minor and the circumstances clear cut, or more than a year if the case is more complex. Factors which could lead to a claim taking over a year to settle include another party refusing to admit liability, or the process of agreeing compensation being complicated by on-going care and medical requirements.

Once the facts of your burn injury claim have been established, the team at Beacon Law will be able to provide an estimate of how long we think it could take to reach a fair settlement.

If liability has been admitted but the compensation settlement takes longer to negotiate, we will apply for interim payments to help with your costs and make your recovery more comfortable until a final settlement is agreed.

Why Choose Beacon Law for your burn injury claim?

You should choose Beacon Law for your burn injury claim because we have more than 200 years combined legal experience and a track record of successful burn injury claims. In addition to this you’ll be working with a family law firm committed to delivering tailored individual help to each and every client.

We treat each burn injury claimant as an individual, helping you to get through a traumatic life-event and guiding you toward any extra help and support available while we concentrate on putting together the strongest possible case.

We provide an initial consultation free of charge and from that point on you’ll be kept informed of the progress of your claim in clear, jargon-free language, with members of the team in hand to offer advice, help and support whenever you need it.

We aim to deal with each claim as quickly as possible, using our negotiating and dispute resolution skills to settle the vast majority of burn injury claims without going to court. Despite working at speed we never settle for anything less than the full compensation we think you’re entitled to, and will negotiate to leave you in the best possible position to concentrate on recovering from your burn injury.

We do all of this on a no win no fee basis, meaning you can claim without having to worry about costs, and will only have to pay a maximum of 25% of any compensation we win after you’ve received it.