Suffering a burn injury could cause you to suffer serious physical and psychiatric injuries. This guide provides information on how to sue someone for burn injury compensation. We start by discussing the eligibility criteria your case must meet in order to be able to make a claim for compensation. Additionally, we will discuss the duty of care you are owed in various situations and how a breach of this duty could cause you to suffer a burn injury.
Gathering evidence is an important step in the burn compensation claim process, so we have also provided some examples of evidence you could gather to help support your case. Following this section is an explanation of how personal injury compensation is calculated and the different types of compensation that could be awarded for successful claims made for burn injuries.
Approaching the end of this guide are the benefits of our panel of No Win No Fee solicitors and how they can help make the personal injury claims process as simple as possible. To see if you could be connected with a solicitor from our panel, contact our advisors today. Our team can listen to your circumstances and provide you with support about what to do next:
- Call 0800 408 7827
- Submit your details on our Contact Us page.
- Use our live chat pop-up to ask a question.
Jump To A Section
- When Can You Claim Burn Injury Compensation?
- What Are Common Causes Of A Burn Injury?
- What Evidence Could Help You Claim Burn Injury Compensation?
- How Much Burn Injury Compensation Could You Receive?
- How Do You Make A No Win No Fee Burn Injury Claim?
- Read More About Making Burn Injury Compensation Claims
When Can You Claim Burn Injury Compensation?
You may be able to claim burn injury compensation if you can show that your burn injury was caused by third-party negligence.
Certain third parties have a legal duty to protect your health and safety. This is referred to as duty of care. If they fail to follow their duty of care and this causes you to suffer an injury, this constitutes third-party negligence, and you may be able to claim compensation. Later in this guide, we will discuss the different scenarios where you are owed a duty of care.
Thus, here are the eligibility criteria for personal injury claims which you must prove to be able to claim burn injury compensation:
- A third party owed you a duty of care.
- They breached this duty.
- Because of this, you were injured.
How Are Burn Injuries Classified?
How burns are classified depends on how deep the injury is and how many layers of the skin are penetrated. The most common types of burns you can claim burn injury compensation for are:
- First-degree burns. Otherwise known as a superficial epidermal burn. Only the first layer of the skin, called the epidermis, is damaged. This type of burn can cause your skin to be slightly swollen and red.
- Second-degree burns. Otherwise known as deep dermal or partial thickness burns. The top two layers of the skin, called the epidermis and the dermis, are damaged. This type of burn can cause your skin to be blotchy, red and blistered.
- Third-degree burns. Otherwise known as a full thickness burn. All three layers of the skin, called the epidermis, the dermis, and the subcutis, are damaged. The skin is often burnt away with the tissue underneath appearing blackened or pale. The texture of the skin may also be waxy or leathery.
Whatever caused your burn injury, please don’t hesitate to contact our advisors to discuss your circumstances or to ask any questions about the burn injury claims process.
What Are Common Causes Of A Burn Injury?
Below are types of accidents where you might sustain a burn injury. For each of these types of accidents, we have explained who owes you a duty of care and one example of how third-party negligence could happen.
Accidents At Work
Employers owe a duty of care to all of their employees, as outlined in the Health and Safety at Work etc. Act 1974. Employers must take reasonable steps to ensure that the workplace, environment, equipment, and facilities are safe to use to prevent injury to employees. This involves managing, assessing and removing potential hazards.
You may be able to sue your employer for a burn injury if you suffered this injury due to them breaching their duty of care.
For example, your employer failed to maintain a piece of workplace machinery regularly, causing it to overheat and explode. At the time of the explosion, you were using this piece of machinery, resulting in you suffering severe burns to your face and torso.
Accidents In A Public Place
Occupiers are anyone who is in control of a public place. They owe a duty of care to anyone who lawfully uses their space, as outlined in the Occupiers’ Liability Act 1957. Occupiers must take steps to ensure the reasonable safety of the public using the space for its intended purpose. In these terms, occupiers should assess potential risks and follow health and safety procedures to minimise the chances of an injury.
If an occupier were to breach their duty of care, you might be able to make a burn injury compensation claim if this breach caused you to burn injuries.
For example, if a hotel does not put heat protection guards around a radiator or clearly signpost that the radiators can get very hot, you could suffer a burn injury to your hand. In this case, you may be able to sue the hotel for your injuries.
Road Traffic Accidents
All road users owe a duty of care to each other while they are using the roads to make sure they do not put anyone at risk of injury and cause a road traffic accident. Road users must follow the rules and regulations set out in the Road Traffic Act 1988 and The Highway Code to comply with their duty of care.
If you suffer an injury due to another road user breaching their duty of care, you may be able to make a compensation claim.
For example, if you were involved in a rear-end collision due to the driver behind you speeding and being unable to come to a stop in time, you could suffer a burn injury to your face due to the airbag deploying.
These are only a few examples. Contact our advisors to discuss your particular case and determine whether you could be able to make a claim for burn injury compensation.
What Evidence Could Help You Claim Burn Injury Compensation?
It is vital to have proof of how someone breached their duty of care towards you and how this caused you to sustain an injury.
As such, here are some types of evidence that could help you claim burn injury compensation:
- Video footage of the accident, either through CCTV or a dashcam.
- A symptoms and treatment diary.
- Copies of your medical records once you have received medical treatment and care for your injury.
- Photographs of your burn injury and the accident site.
- The contact details of any potential witnesses to your accident who may be able to provide a statement later on.
A personal injury solicitor could help you collect evidence to help support your case as part of their services, if you decide to work with one.
What Are The Time Limits For Burn Injury Claims?
The time limit in a personal injury claim is, in most cases, 3 years from the date the accident occurred. This is established by the Limitation Act 1980.
Exceptions to the general time limit can be made for certain circumstances. These are:
- If the injured person is a minor. The time limit will be paused until they turn 18, for which the 3-year time limit will commence from this date.
- If the injured person lacks sufficient mental capacity. The time limit will be paused indefinitely unless they regain this mental capacity. Then, the 3-year time limit will commence from this date of recovery.
However, while the time limit is paused or suspended, an appropriate adult known as a litigation friend can begin a claim on the injured person’s behalf.
If you have any questions regarding the personal injury claims time limit, or to see whether you may be eligible to work with one of the personal injury solicitors on our panel, you can contact our team of advisors.
How Much Burn Injury Compensation Could You Receive?
If you make a successful burn injury compensation claim, you might be able to claim compensation for up to two heads of loss. These are general and special damages.
General damages compensate for the physical and psychiatric pain and suffering you have experienced due to your injuries. This is awarded to all successful claimants. It takes into account the severity of your injury, the impact it has had on your quality of life, and what treatment you have required.
The Judicial College Guidelines (JCG) can help calculate the value of your general damages. The JCG covers all sorts of physical and psychiatric injuries at different severities, with guideline compensation brackets for each.
Compensation Table
The table below, lists different types of physical and psychiatric injuries related to burns, along with their assigned guideline brackets from the JCG. Please note, however, that The first row has not been taken from the JCG.
However, none of the values in the table can be guaranteed for your specific case since each claim is unique.
| Injury | Severity | Guideline compensation values |
|---|---|---|
| Multiple serious injuries with special damages | Serious | Up to £300,000+ |
| Psychiatric damage | Severe (a) | £54,830 to £115,730 |
| Moderately severe (b) | £19,070 to £54,830 | |
| Scarring to other parts of the body | Significant burns that cover 40% of the body or more | Likely to exceed £104,830 |
| Noticeable or disfiguring scars | £7,830 to £22,730 | |
| Post-Traumatic Stress Disorder | Severe (a) | £59,860 to £100,670 |
| Facial disfigurement | Very severe scarring (a) | £29,780 to £97,330 |
| Less severe scarring (b) | £17,960 to £48,420 | |
| Significant scarring (c) | £9,110 to £30,090 | |
| Less significant scarring (d) | £3,950 to £13,740 |
Special Damages
Special damages compensate for the financial losses you have incurred due to your injuries. For example, this could include:
- Medical costs, such as paying for therapy and prescription medications.
- A loss of earnings due to needing to take time off work to recover.
- Travel expenses to essential appointments.
It is important to keep hold of any bank statements, invoices, receipts, and payslips as proof of your special damages.
Will My Burn Injury Need To Be Assessed?
As part of the personal injury claims process, you may be asked to attend an independent medical assessment for your injuries. The report made from this assessment may be used by those valuing your claim alongside the JCG for general damages.
If you decide to work with a solicitor on your claim, they can organise this assessment on your behalf.
To find out how much compensation you may be eligible to receive, or to see if one of the solicitors on our panel could help you with claiming compensation, you can contact our advisory team today.
How Do You Make A No Win No Fee Burn Injury Claim?
If you have an eligible burn injury compensation claim, one of the solicitors on our panel could offer to support your case under a type of No Win No Fee agreement. Specifically, you could be offered a Conditional Fee Agreement (CFA).
With a CFA, you will not be charged fees for the work that your solicitor does:
- Before the claim starts.
- During the claims process.
- If the claim is unsuccessful.
If your claim is successful, your solicitor will be owed a success fee. Success fees are a percentage taken from the compensation you are awareded, and there is a legal limit to the maximum percentage this fee can be.
Contact a member of our advisory team today to discuss your potential personal injury claim. They can assess the eligibility of your case, and offer you free advice. Additionally, they could potentially connect you with a No Win No Fee solicitor on our panel.
Contact them today via the following methods.
- Call 0800 408 7827.
- Submit your details on our Contact Us page.
- Ask a question using the live chat pop-up.
Read More About Making Burn Injury Compensation Claims
Here are some of our other guides related to personal injury claims:
- Learn how to sue for a scald injury that was a responsible third party’s fault.
- Read more about accident at work claims and when you could be eligible to make one.
- See how you could sue a company for an injury.
Moreover, these external pages may be of use:
- Health and Safety Executive (HSE) – what specific injuries to workers are reportable, including burns and scalds.
- NHS – what treatment for burns and scalds is appropriate and necessary.
- Gov.UK – see whether you are able to get Statutory Sick Pay (SSP) if you have missed any work due to your injuries.
Contact our advisors if you still have any questions about making a claim for burn injury compensation.