Understanding burns and scars, and the road to recovery

Suffering a personal injury of any kind is extremely distressing. If that injury leaves you with a scar, the experience can be even more difficult. Not only do you have to deal with the initial pain, but any scarring can continue to cause discomfort and even disability, as well as have an impact on your confidence and self-esteem. A scar can act as a constant reminder of a traumatising time.

Burns are most commonly caused by heat; however, they can also be caused by intense cold and chemicals. It is important to know the difference between each type of burn if you decide to make a claim for compensation.

Burns fall into four different categories:

1. First degree: Primarily a surface level injury that impacts the skin. It’s a superficial burn lasting a short period of time.
2. Second degree: Extending deeper into the inner layers of the skin, either superficial partial thickness or deep partial thickness. This will typically heal between two-eight weeks.
3. Third degree: Known as full thickness, these burns extend through the full inner layers of the skin and can take months to heal.
4. Fourth degree: Extend through the whole skin and into underlying fat, muscle and bone. Often they need a degree of excision to help the healing process.

If you have suffered a burn as a result of the negligence of someone else, which has led to pain and scarring, you may be entitled to compensation. Scars can be a distressing reminder of an injury or traumatic event and can also lead to insecurities and mental health problems long term. We know the impact this can have on you, which is why we’re here to help you get the compensation you deserve.

How much can I claim?

As every injury is personal, the amount you can potentially claim for a burn or scar injury will be personal to you, depending on the cause, severity and location of your injuries.

To assist in valuing an individual’s pain and suffering, the courts will look to the Judicial College Guidelines and previous reported cases where individuals have suffered similar injuries.

Factors which will influence the size of award in these cases will include:

Whether the burns are full thickness, partial thickness, or superficial

The extent and degree (first, second, or third) of the burn can significantly affect compensation.

The more severe the burn, typically the larger the claim. This is due to the increased medical costs, pain, and suffering that are associated with them.

The percentage body area affected by the burns

The size of the burn also significantly affects the compensation that can be recovered.

A single noticeable scar, or several superficial scars, of the legs, arms or hands with some minor cosmetic deficit will attract compensation in the thousands.

Where significant burns cover 40% or more of the body, awards are likely to exceed six figures.

The cosmetic impact of the injuries and the injured person’s reactions to them

There used to be a large distinction between the awards of damages for males and females, with the latter attracting significantly higher awards. However, the distinction appears difficult to justify and has not been retained.

In consequence, the valuation brackets have been merged and are currently wide and overlapping.

The need for (and extent of) surgery

If you have suffered a burn injury, the specific surgical approach will depend on the burn type, the body part affected, the amount of skin involved, and the overall health of the patient. Procedures include:

1. Debridement: This procedure involves the removal of dead or damaged skin and tissue to promote healing and prevent infection. It can be performed using surgical instruments or through other methods like enzymatic or mechanical debridement.
2. Skin grafting: For deeper burns that cannot heal on their own, skin grafting may be necessary. This involves taking healthy skin from another area of the body or using donor skin to cover the burn area.
3. Flap surgery: In cases where the burn is extensive and involves deeper tissues, flap surgery may be performed. This involves moving skin, muscle, or other tissues with their blood supply from a nearby area to cover the burn.
4. Reconstructive surgery: For severe burns that lead to significant scarring or deformity, reconstructive surgery may be needed after the initial healing. This can help restore function and improve the appearance of the skin.
5. Scar revision surgery: Following the healing process, patients may undergo surgical procedures to reduce or improve burn scars.

All surgical procedures have different recovery time, and therefore will impact the amount of compensation.

Any resulting physical disability

Depending on the location of the burn, it can hinder an individual’s ability to perform basic daily tasks, such as writing, walking, or using hands, leading to a disability. Mobility issues could relate to:

1. Scar formation: Severe burns may result in scar tissue formation, which can restrict movement and flexibility. Contractures, where the skin and underlying tissues shorten and tighten, can occur, especially around joints, limiting range of motion and causing disability.
2. Infection: Burns can become infected, leading to complications that may necessitate more extensive treatments or surgeries, which can further impact recovery and result in lasting impairments.
3. Surgical interventions: Some patients may require skin grafts or other surgical procedures to repair the damaged area, which might lead to complications or may not fully restore function, resulting in ongoing physical limitations.
4. Pain and sensitivity: Burns can lead to chronic pain, hypersensitivity, and altered sensation, which can make it difficult to perform daily activities and affect the overall quality of life.
5. Physical therapy and rehabilitation: Burn injuries often require intensive physical therapy and rehabilitation. If the recovery process is inadequate, it can lead to long-term mobility issues and functional disability.

Non-physical impact of burns

Psychological

While not a direct physical cause, the psychological effects of a burn injury can also manifest as physical disability. Anxiety, depression, or PTSD may lead to decreased motivation for rehabilitation and self-care, which can compound physical limitations.

Financial losses

In addition to the compensation for the pain and suffering associated with the burns and scarring, damages can also be claimed for the financial losses associated with the injury and the incident.

These financial losses might include a loss of earnings, care and assistance, costs of private treatment (outlined above), travel expenses, damages items, medication, creams and camouflage makeup.

Your solicitor can help ensure that these past and future expenses are recovered as part of the claim.

How can we help?

By choosing Bolt Burdon Kemp as your personal injury solicitor for your burns and scarring claim, you’re not only choosing a team dedicated to securing a financial award on your behalf, but also one committed to helping you access vital rehabilitation and therapy resources.

We provide access to skin camouflage experts, plastic surgeons, occupational therapists and many other professionals that will aid your journey to recovery.

Time limit to make a claim in burns cases

Any claim for compensation for a burn must be submitted to the court within three years of the date you suffered an injury, or three years of you being aware that you have suffered an injury.

There is an exception for children under the age of 18 years who have until they reach their 21st birthday to submit their claim to court.