Burn Injury Claims

Team Oversight

Your case will be managed directly by Richard Meggitt (APIL Accredited Senior Litigator). Crucially, Richard Meggitt will visit you at your home throughout the life of the case, ensuring continuous personal oversight. He directs all High Court litigation for complex physical trauma claims. Richard is supported by a dedicated team of solicitors and support staff to ensure robust operational management.

Phase 1: Immediate Crisis and Intervention (The First 6 Months)

This phase focuses on wound stabilisation, psychological support for disfigurement, and planning reconstruction.

• Initial Focus: Severe burns cause profound physical and psychological trauma. We initiate your case with free psychological therapy to manage the emotional toll, including anxiety and PTSD related to disfigurement.
• Clinical Link: We immediately engage with specialists, leveraging the expertise of the Sheffield centre of excellence in burns treatment to ensure your rehabilitation plan is world-class from the outset.

Phase 2: Rehabilitation Blueprint & Legal Foundation (The First 18 Months)

This phase formalises the lifelong psychological and surgical plan and builds the evidence base for future medical costs.

• Adherence to the Rehabilitation Code (2015): We immediately enforce the Rehabilitation Code (2015) to fund a formal Immediate Needs Assessment (INA). This ensures that the multidisciplinary rehabilitation (MDR) starts without delay, putting your recovery at the centre of the legal process.
• Expert Instruction: Building the Team: Our litigation strategy requires a panel of experts whose reports quantify your exact needs for the Court:
  • Consultant Plastic and Reconstructive Surgeon: Crucial for detailing the probability and cost of future revisionary surgery throughout your lifetime. We instruct experts linked to the Sheffield centre of excellence.
  • Consultant Psychiatrist / Psychologist: Essential for quantifying disfigurement anxiety, PTSD, and the need for long-term psychological support.
  • Care and Services Expert: Required to detail and cost the support package necessary due to your reduced function and needs for assistance.
  • Accommodation Expert: Needed to assess the cost of any necessary adaptations to your home (e.g., specialised bathrooms, temperature control).
• Legal Action: We adhere to the Personal Injury Protocol guidelines, and if liability is denied, we prepare to issue High Court Proceedings to advance the case.

Phase 3: Valuation, Litigation, and Strategy (The Lifetime Calculation)

This phase focuses on calculating lifetime damages driven by disfigurement and future medical necessity.

• Valuation Strategy: Valuation must project the lifelong cost of revisional surgery, advanced psychological care, and therapies.
• Heads of Damage: The core value is driven by:
  • Future Reconstructive Surgery Costs: This is the largest head. We aggressively pursue the costs of all necessary future revisionary surgery from the insurer, even if these surgeries are intended to reduce disfigurement.
  • Psychological Damages: Compensation for Post-Traumatic Stress Disorder (PTSD) and severe disfigurement anxiety.
  • Contractures & Physical Therapy: Costs of ongoing physiotherapy and specialized pressure garments needed to manage scarring that limits movement.
  • Loss of Future Earnings: Accounting for reduced capacity or the inability to return to your pre-accident profession due to physical or psychological limitations.
• Negotiation Strategy: The Joint Settlement Meeting (JSM)
  • The final stage of negotiation often takes place at a Without Prejudice (W/P) Joint Settlement Meeting (JSM), allowing all parties to negotiate freely and openly towards a final settlement figure.

Phase 4: Financial Security and Protection (Post-Settlement)

This final phase ensures the compensation is safeguarded for your lifetime.

• Protecting the Funds: Since this claim does not involve a brain injury, you retain full legal capacity over your settlement. Our focus shifts to ensuring the award is managed for your long-term security.
• Trust Setup: We work with financial experts like Frenkel Topping, based in Manchester, to set up a Personal Injury Trust (PIT) to safeguard the settlement. This is essential, as it ensures the compensation is professionally managed and does not affect your entitlement to state benefits.
• Settlement Structure: For burn claims, the final compensation is typically awarded as a tax-free lump sum. This lump sum is structured to cover the costs of all necessary future revisionary surgeries and long-term psychological therapy identified by the experts.