Burn Injury Claim in Dorset
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General guidance is not possible with a burn injury. Personal Injury compensation is awarded according to the part of the body affected and the consequences for the victim in terms of pain, suffering and financial losses. The cause of the damage is not the principal concern. Just as there is little or no difference to the award if you are blinded in a car crash or by flying broken glass, so the compensation for losing the use of a hand because it was crushed in a machine would be similar to that if it was crippled by severe burns.
Effects of a burn injury
Burns are probably the most painful of common injuries. The burn damages or exposes sensitive nerve endings, causing intense pain signals to be sent to the brain. This pain can persist until the skin is fully healed. Burns often leave scarring which can be thick and inflexible, causing restricted movement and disfigurement.
Severe burns can penetrate below the skin, causing damage to muscles, nerves and blood vessels. There can also be long-term emotional problems.
Degrees of burn injury
The severity of a burn injury is assessed by two factors. Extent measures the percentage of the body surface covered (15% is commonly regarded as the threshold between relatively minor and more severe burns). Degree indicates the depth of skin loss or damage.
First degree burns (superficial burns) affect only the top layer of skin. They cause reddening of the skin but can still be extremely painful.
Second degree burns are when the top layer of skin is destroyed and the lower dermal layer is exposed and damaged.
Third degree burns (full thickness burns) mean the entire depth of skin has been affected and the flesh below is exposed and possibly damaged. Muscles, bone and nerves may be affected. Recovery may require skin grafts and take many months, or even years of treatment.
Personal Injury Law in Dorset
What rights do I have under personal injury law?
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Who does the law say is responsible if I suffer personal injury?
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
What is the basis for a personal injury law claim?
If your injury claim is to succeed, the law says you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation under the law.
How much compensation can I win under personal injury law?
Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up from case law in personal injury claims. Information is given on this site under individual types of injury.