Introduction to Compensation for Severe Burns
You may be entitled to claim compensation for severe burns if you have been seriously burned in an accident for which you were not to blame. It is possible to not only recover compensation for your physical injuries, burns and suffering but also for any emotional trauma you have experienced due to the nature of your accident and subsequent injuries.
Severe burns often causes irreversible damage to the body. They are extremely serious injuries which result in intense pain and suffering for the victim. Burns victims are not only forced to endure significant levels of pain but they are often faced with living with physical and psychological scarring for the remainder of their lives. The emotional effects of burns can cause the victim terrible distress with anxiety attacks, nightmare, depression and post-traumatic stress disorder being common symptoms. In addition, the drastic changes to physical appearance can have a decidedly negative impact on the victim’s self-esteem.
Severe burn compensation will account for all of these elements and, while no award of compensation will substitute the suffering experienced, a fair and satisfactory compensation settlement will enable a severe burns victim to get the best possible medical treatment.
The Question of Negligence
It must be proven that the accident in which the victim sustained the burns was due to the negligence of a third party who owed the victim a duty of care in order to make a compensation for severe burns claim. It has to be shown that the burns were sustained because of a breach in the aforementioned duty of care and as a direct result of a negligent act.
It should be noted that failure to adhere to the correct procedures following an accident can put the right to claim severe burn compensation in jeopardy. It is, therefore, highly advised that legal advice is sought as soon as practically possible after severe burns have been sustained. A solicitor experienced in personal injury compensation claims will be able to advise you on how to determine and prove that your burns were caused by another party’s negligence and can guide you on the procedures that should be carried out in order to make your compensation claim.
The first priority in an accident that results in severe burns should, of course, be your health and safety. In addition to having sought immediate medical treatment, you should have had your accident reported to the appropriate authorities. For example, if your burns were sustained at work, in a shop or a public building, a report should have been logged in the relevant “Accident Report Book”. If the burns were caused in a road accident, a report should have been made to the Gardai. It may not be possible for this particular procedure to have been completed straight away, and if this was the case, it should be done as soon as possible after your injuries have been adequately attended to.
Contributory Negligence and Severe Burn Compensation
It may happen that the defence may contest a compensation for severe burns claim by arguing that the victim has contributed to the cause of the accident or the severity of their injuries. Although most severe burn compensation claims are primarily caused by third party negligence, there are many instances when contributory negligence could see the victim faced with a reduction in their overall compensation settlement. However, even if greater care could have been taken, provided that the victim could not have prevented burns from being sustained, claiming compensation for their burn injury should still be possible.
Workplace accidents can be caused by a number of reasons, and one or more person may be to blame for the accident in question. It may be that road accidents that result in fires could have been caused by the joint negligence of a number of drivers. In cases where multiple parties are responsible, an individual claim for severe burns compensation will be made against each negligent party and each will be liable for a certain degree of the compensation associated with their contributory negligence in the cause of the accident.
Amount of Compensation that can be Claimed
Many factors should be accounted for when calculating the amount of compensation due to the victim in a compensation for severe burns claim. Along with the severity of the burns, the level of damage to the body must be evaluated since the degree of permanent scarring and its location will have considerable influence on how much compensation can be claimed. Facial burns and other highly visible damage will result in the maximum amount of compensation allowed for severe burns cases. The victim’s age will also be taken into consideration and in many cases, their sex, as how much compensation men and women are awarded can differ greatly. Women are likely to receive higher amounts of severe burn compensation due to the premium which is placed on exterior appearance. Younger women and men will receive higher compensation awards for similar reasons and also for having to bear the implications of their injuries for a longer length of time.
You would be well advised to speak with a solicitor for advice, in order to establish the amount of compensation you may qualify for. An experienced personal injury solicitor will listen to your personal account of your injuries, the prognosis that you were given by your doctors and may subsequently be able to provide you with a preliminary evaluation of your compensation claim. It is, however, usually necessary to arrange consultations with burn specialists to establish the severity of your injuries and to assess any damage to nerves, muscles, tendons and lower skin layers before an accurate figure can be given. Plastic surgeons testimonials may also be recommended on whether reconstructive surgery or skin grafts can improve physical appearance. Therefore, your solicitor will only be able to advise you on the full entitlement of severe burn compensation after a through medical examination.
Summary of Compensation for Severe Burns: Conclusion
You would be highly recommended to consult with a solicitor about making a compensation for severe burns claim if you have sustained severe burns in an accident for which you were not to blame. A case such as this should include each and every element of your injury to ensure that you receive fair and sufficient compensation for your pain, suffering and loss. Your case will have the highest likelihood of being successful if you engage a personal injury solicitor to prepare your severe burn compensation claim, and the opportunity for recovering your full entitlement to compensation will be increased.
No compensation award will be able make up for the severe burns you suffered, but it can help you live as normal a life as possible and will guarantee that you do not suffer financial losses as a result of another person’s negligence.