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Burn Accident Compensation Claim

How to Make a Burn Accident Compensation Claim

The intention of this article is to provide you with important information about how you can make a burn accident compensation claim, and to advise you of a number of actions which should be followed after an injury has been sustained to ensure your right to recover burn injury compensation is not lost.

There are many factors that can influence whether a compensation claim for a burn will be successful and since no two cases are exactly alike, to receive personal advice about claiming for having been burned in an accident for which you were not to blame, we strongly recommend discussing your case with a personal injury solicitor.

Obtaining legal advice quickly after an accident can increase the probability of you being able to successfully claim compensation for a burn. A solicitor will evaluate the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific information about the procedures which should be followed in order to make a claim for burns.

There Has to be Negligence in Order to Claim Compensation for a Burn

In order for compensation for a burn to be awarded, your injury must have been sustained as a direct result of the negligence of at least one third party. Furthermore, there must have been a duty of care owed to you and that duty of care must have been infringed for you to be eligible to make a burn accident compensation claim.

If a third party was responsible for you having been burned in an accident it should be possible to claim burn injury compensation, provided that your injury could have been prevented if the third party in question had taken the appropriate level of care to keep you safe and out of harm’s way.

It must also be possible to prove that your burn injury was directly caused by third party negligence in order for a compensation claim for a burn to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for burns there is a strong probability that you will be able to recover personal injury compensation.

How Much Burn Injury Compensation Can I Claim?

Compensation levels for having been burned in an accident are not fixed, and will primarily be dictated by the severity of your injuries, the extent of the burns and whether you are likely to be scarred from the accident. The amount of burn injury compensation that can be claimed will also be influenced by many other factors, such as your age and sex and the location of the burns; compensation will be higher for highly visible skin burns. If you have been in considerable pain, suffered substantial loss of amenity or have developed psychological disorders as a result of the accident or injury, these must also be included in your claim for burns.

A burn accident compensation claim is not only concerned with providing recompense for pain and suffering, as it is also possible to be compensated for costs and expenses which have been – or will be – incurred as a result of an injury.

Compensation for a burn can be recovered for medical expenses, the cost of plastic surgery and skin grafts, prescription costs, loss of earnings and damage to personal property in an accident, in addition to other costs that were or will be necessitated by your injury. In order to recover costs in a compensation claim for a burn you must be able to provide proof of expenditure; so it is essential that you retain receipts or invoices to submit with your claim.

Third Party Capture and Your Compensation Claim for a Burn

The insurance company of the negligent third party who caused you to sustain an injury may make an offer of compensation for a burn directly to you if your accident clearly resulted from third party negligence. An offer to pay damages may be welcome if you are suffering financial difficulties as a result of your injury, but in most cases it is necessary to make a burn accident compensation claim to ensure the maximum entitlement to compensation is recovered.

If you receive an offer of burn injury compensation from an insurer it is important that it is assessed by an independent personal injury solicitor before you make a decision to accept or reject it. Although you have been burned in an accident it is unlikely that the insurance company will be aware of the full extent of your injury, how it has affected you personally and the costs you have incurred, and as such there is considerable potential for your burn injury claim to be undersettled.

If you reject the insurance company’s offer you will be able to pursue a more appropriate compensation amount by making a claim for burns. After your solicitor assesses the offer to establish if it is sufficient to cover all aspects of your injuries, you will be advised of the level of compensation claim for a burn that can be recovered by making a claim, and you can then make an informed decision about what is right for you.

How to Claim Compensation if Your Child has Been Burned in an Accident

If your child has been burned in an accident, a claim for compensation should be possible although your child is not permitted to take legal action personally until the age of consent has been reached. In the majority of cases, delaying a burn accident compensation claim will affect the likelihood of success and it is usually advisable that a claim is filed more promptly.

In order for a compensation claim for a burn to be made before the age of consent has been reached, an adult must apply to the courts to become a ‘litigation friend’ on behalf of the child. Before a litigation friend can be accepted by the courts, financial responsibility for making a claim for burns must be accepted by the litigation friend and it must also be established that the burn injury claim is being made in the best interests of the child.

If the case is successful, burn injury compensation will be awarded to the child; although it would not be released by the courts until adulthood has been reached. An application can be made to a judge to release a proportion of compensation for a burn to a parent or legal guardian as recompense for ongoing expenses such as the cost of medical treatment.

Summary of Actions to Take in Order to Claim for Burns

The best course of action to take after you have sought professional medical attention for having been burned in an accident is to speak with a personal injury solicitor for legal advice. Eligibility to recover compensation for a burn will be assessed and you will be told about the actions that should be taken next to start legal action against the negligent third party responsible for your injury.

It is important that you find out about the strength of your compensation claim for a burn as well as the amount of burn injury compensation you should be entitled to recover, and independent solicitor is in the best position to provide pertinent legal advice relating to your case. When you have all the relevant information you should be able to make an informed decision about whether or not to make a burn accident compensation claim to receive recompense for your burn injury and to recover any costs you have incurred.

Making a claim for burns cannot turn back the clock, but it will ensure are not made to suffer financially for being injured in an accident for which you were not to blame.