Burn Injury Claim in Durham
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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 Litigation in Durham
How can I begin litigation for personal injury?
You should consult a solicitor who specialises in personal injury litigation straight away. You can fill in the form on this site to send us details of your claim. It really is that simple.
What is the process for personal injury litigation?
Your solicitor will first discuss your claim with you in some detail. He will then make a preliminary assessment of the chances of litigation succeeding. If you both decide to proceed, he will then conduct a more detailed investigation. He may take statements from you and others who are involved, obtain medical records and assessments, and seek expert medical opinions on the case. He will also collect evidence to show how the alleged negligence contributed to your injury.
Your solicitor will then assess the claim again and advise you on the strength of your case and how best to proceed. Depending on the cause of the injury, there may be several avenues for litigation. Most commonly, those responsible for the accident will be sued in civil court. The case will be heard by a judge who will decide liability and, if you win, make an award of compensation.
What do I have to prove to make personal injury litigation worthwhile?
If your litigation is to succeed, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this is a lesser degree of proof than a criminal case, and 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, a personal injury solicitor may well advise you proceed with litigation.
How much personal injury compensation can I win by litigation?
Amounts are determined 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 over the history of personal injury litigation. Information is given on this site under individual types of injury.