Making a burns injury claim

Burns from a road accident are evidenced and compensated in a road accident claim much like any other injury. This applies whether they come from fire or from sliding across the road. Scarring is often treated as an additional factor in its own right.

What a burns injury involves

Thermal burns can follow a vehicle fire or contact with hot engine parts. Friction burns, sometimes called road rash, are common among motorcyclists who slide across the road surface. Severity ranges from a superficial graze that heals within weeks to deep burns needing skin grafts.

How it affects daily life and work

Dressing changes, itching and pain from movement can make ordinary tasks slow for weeks or months. Visible scarring, especially on the hands or face, can affect confidence and, in some jobs, work with the public.

The evidence and specialist report you need

A burns specialist or plastic surgeon’s report should describe the depth and extent of the burns, the treatment given, and the outlook for scarring. This should form the core of the medical report for your claim. Dated photographs at different stages of healing add real weight to this evidence.

How it factors into your claim

Pain, suffering and loss of amenities are assessed against the Revised Compendium of Personal Injury Awards and your medical evidence, under section 28A of the Civil Law Act 1956^[2]. Visible or permanent scarring is generally weighted as an additional factor, beyond the pain of the burn itself. Future medical costs, such as scar revision surgery, can also be included where a specialist supports the need. As with any valid claim, the at-fault driver’s insurer is the party responsible for paying it once liability is established^[3].

Recovery and prognosis, realistically

Many burns heal well with appropriate treatment. Scarring often remains to some degree even after successful healing, and its extent can take many months to fully assess. A specialist should give an honest picture of what further treatment can realistically achieve.

What to do next

Follow the wound care plan and keep every dressing-change and follow-up record. The general deadline to bring a personal injury claim is six years from the accident in Peninsular Malaysia^[1]. Scarring is best documented while it is still changing, so take dated photographs early.

If further surgery for scarring or reconstruction looks likely, claiming for future surgery explains how that is included.

An independent lawyer can take on your burns claim and arrange the specialist report. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.