Burn Injury Claim
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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.
Compensation Settlement for Injury
How is a compensation settlement arrived at?
A compensation settlement for injury consists of two parts. The most immediately obvious effects of your injury are covered by a settlement for “General Damages”. This part of your compensation settlement covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your settlement will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your settlement involves financial loss or additional costs. Under this heading will come a settlement for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for a compensation settlement?
If you are to win a settlement, 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 awarded a compensation settlement.
Will a pre-existing condition reduce my injury settlement?
On the contrary, the settlement awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.