Burn Injury Filing Deadlines

What Is the Statute of Limitations?

A statute of limitations is a legally imposed deadline by which a plaintiff must file a lawsuit. If you fail to file before the deadline, your case is permanently barred — meaning even if you have overwhelming evidence of negligence and severe injuries, the court will dismiss your case.

Burn injury cases involve multiple potential deadlines depending on who caused the injury, where it happened, whether government entities are involved, and whether federal law applies. An attorney can identify all applicable deadlines and ensure your rights are protected.

State Statute of Limitations by State

This table is for general informational purposes only and may not reflect recent legislative changes. Always consult an attorney for advice specific to your case and jurisdiction.

Special Deadline Rules

Government Entity Burns (Shorter Deadlines!)

If your burn was caused by a government entity — a city, county, state agency, or federal entity — you typically must file a formal notice of claim within 6 months (or sometimes just 90 days) of the injury before you can file a lawsuit. Missing this notice deadline bars your claim permanently, even if the lawsuit deadline hasn't passed.

In Texas, claims against government entities require a formal notice under the Texas Tort Claims Act within 6 months of the injury. Federal government claims under the Federal Tort Claims Act require an administrative claim within 2 years.

Maritime / Offshore Burns

The Jones Act (for seamen) has a 3-year statute of limitations, measured from the date of injury. LHWCA claims (for dock and harbor workers) have a 1-year filing deadline for seeking benefits. Offshore platform workers under OCSLA have state tort deadlines that may be shorter.

Minors

In most states, the statute of limitations is tolled (paused) for victims who are minors at the time of injury. The clock typically starts when the minor turns 18. However, a parent may have a separate claim for medical expenses that is not tolled and expires under the standard deadline.

Discovery Rule

In some cases, the statute of limitations doesn't begin to run until the victim "discovered" or reasonably should have discovered the injury and its cause. This is more common in chemical exposure cases where the full extent of tissue destruction isn't immediately apparent. The discovery rule does not extend deadlines indefinitely and should not be relied upon without attorney guidance.

Why Prompt Action Is Critical — Beyond the Deadline

Even if your deadline is technically 2 years away, waiting creates serious practical problems:

• Evidence destruction: Employers destroy OSHA records, surveillance footage overwrites, and accident scenes get cleared. Courts can sanction defendants for evidence destruction, but only if you act before it happens.
• Witness availability: Coworkers move, retire, or become unavailable. Eyewitness testimony is most accurate and credible when captured soon after the event.
• OSHA investigation timing: OSHA investigates workplace accidents but closes investigations and moves on. Securing the OSHA file before it is purged requires prompt legal action.
• Medical documentation: Clinical records from the acute phase of treatment — the burn unit records, the initial wound assessment, the surgical reports — are most complete and most valuable when obtained promptly.