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How Long Do I Have to File a Burn Injury Lawsuit in North Carolina?

In This Article

medical professional wrapping a person's hand in gauze bandages

In North Carolina, you generally have three years to file a burn injury lawsuit, but the right deadline can be shorter or longer depending on who was injured and how.

Burn cases often involve a long recovery, repeated surgeries, and a family focused on getting through treatment, not on legal paperwork. That is exactly why deadlines get missed. Claims against government agencies, claims for children, and claims after a death each follow different rules, and a lawsuit filed even one day late can be dismissed no matter how serious the injury was. This article walks through the main deadlines. It is general information, and every case turns on its own facts, so talk to an attorney as early as you can.

The General Rule

Most personal injury lawsuits in North Carolina, including burn injury claims, must be filed within three years. While this may seem like plenty of time, it’s important to act quickly. Burn cases, especially those involving severe burns or death, require thorough investigation. Collecting witness testimony, photographic evidence, and other important documentation should be done as soon as possible. Memories fade, and the scene could be cleaned up. For that reason, a 3-year statute doesn’t mean you should delay hiring an attorney to guide you through the process.

 

Child Burn Injuries

Burn injury cases involving children are subject to a different statute of limitations. Minors are considered to have a “legal disability” until age 18. In practice, this means the standard three-year personal injury lawsuit deadline does not begin until their 18th birthday, giving them until age 21 to file. Parents can also file a claim for medical expenses and out-of-pocket costs they paid, because a minor is not legally responsible for medical bills. Their clock is the standard three-year statute.

Burn Injury Wrongful Death 

If a burn injury results in death, North Carolina generally allows two years to file a wrongful death action. Crucially, this clock starts on the date of death, not the date of the burn. Unlike a regular personal injury claim, a wrongful death claim must be brought by a representative of the person’s estate, not by an individual family member. An experienced personal injury attorney can guide you through establishing a personal representative for a wrongful death claim.

 

NC Obstacle: Contributory Negligence

The clock is not the only enemy to a personal injury claim in North Carolina. Our state is one of just four in the nation that adheres to a strict rule of “contributory negligence.”  That means that if you contributed to your injury even slightly, you can be barred from recovering compensation. For example, if a residential fire is caused by an appliance, the insurer may argue the appliance was used improperly, therefore placing the blame on the burn victim. Hiring a burn injury attorney can help you overcome this strict and unfair rule.

Compensation for Burn Injury and Wrongful Death 

North Carolina law allows victims and their families to recover compensation for what a victim endures and for the impact of a loss on a family.

In a burn injury claim, survivors may recover:

  • Past and future medical expenses. Severe burns can require surgeries, skin grafts, and years of follow-up treatment.
  • Pain and suffering, including permanent scarring and disfigurement.
  • Lost wages, both past and future.

In a wrongful death claim, families may recover:

  • Medical expenses related to the fatal injury.
  • Funeral and burial expenses.
  • The pain and suffering the victim experienced before death.
  • The income the victim would have earned.
  • The loss of the victim’s companionship, guidance, and support.

In either type of case, punitive damages may also be available if the injury or death resulted from malice or willful or wanton conduct. For example, a landlord who knowingly fails to maintain smoke alarms before a fatal fire may be liable for punitive damages.

Why Hire an Attorney for a Burn Injury?

Burn injury cases can be complex. They often involve multiple defendants, insurers seeking to reduce or deny a claim, and expert evidence on the cause of the fire and the severity of the injuries. Because North Carolina’s contributory negligence rule can end a case over even a small share of blame, the way a case is investigated and presented from the start can make the difference.

Contact Our Experienced Burn Injury Lawyers

If you were injured or lost a loved one due to someone else’s negligence, contact our experienced burn injury attorneys for assistance. Maginnis Howard represents victims and their families in the Carolinas from offices in Raleigh, Charlotte, and Fayetteville. We handle burn injury and wrongful death cases on a contingency basis, so you pay no attorney’s fee unless we recover compensation for you. Call 919-526-0450 or contact us for a free, confidential consultation.

Maginnis Howard stands up to insurance companies and large corporations on behalf of families who have lost a loved one in a wrongful death or been hurt in a workplace accident, including accidents involving garbage trucks. We offer free consultations for all North Carolina personal injury and wrongful death cases, and we handle these claims on a contingency basis, so you pay attorneys’ fees only if we recover money for your family. Call us at (919) 526-0450 or contact our Raleigh, Charlotte, or Fayetteville office today.

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