A serious burn changes your day, and sometimes your whole year. In Los Angeles, we see burns after car crashes on the 101, apartment fires, workplace chemical splashes, and faulty wiring in older buildings. While you’re focused on pain control, wound care, and follow-up visits, another clock often starts ticking in the background: the statute of limitations.
In plain terms, it’s the deadline to file a lawsuit. If you miss it, the court can shut your case down, even when the burn was clearly someone else’s fault. Timing also affects the value of a claim. Evidence can disappear fast, video gets recorded over, and witnesses move.
Insurance adjusters may call early and sound helpful. Still, an open claim is not the same as a filed lawsuit. In this article, we explain the basic deadline, the most common exceptions, and the practical steps we can take right away to protect both the deadline and the proof (as general information, not legal advice).
The basic deadline for burn accident lawsuits in California (and why it matters)
For most burn injury cases in California, the general rule is simple: you typically have two years from the date of the injury to file a personal injury lawsuit. People often hear “two years” and exhale. Then they wait. That’s where good cases start to slip.
One reason is confusion about what “filing” means. An insurance claim (even a claim number and ongoing talks) usually doesn’t stop the clock. A lawsuit must be filed in the proper court by the deadline, or the defense can ask the judge to dismiss the case.
Another reason is that burn cases often grow over time. A second-degree burn can get infected. A graft can fail. Scarring may tighten skin and limit movement. Those medical realities matter for damages, and we often need a clearer treatment picture before we can value the claim fairly.
Here’s a simple way to think about deadlines:
| Event | Example date | What it means |
|---|---|---|
| Burn injury happens | March 10, 2026 | The clock usually starts |
| Two-year deadline (typical) | March 10, 2028 | Last day to file the lawsuit in many cases |
| Insurance negotiations ongoing | Any time | Talks can continue, but they don’t extend the court deadline by themselves |
Although this article focuses on burn injuries, it helps to know that property damage deadlines can differ from injury deadlines in California. Still, our main concern after a burn is protecting the injury claim, because that’s where medical bills, lost income, and pain and suffering get addressed.
To learn how the timeline fits into a full case from start to finish, we can also review the legal process for burn accident cases in Los Angeles.
Early steps that often protect a claim (and your health) include:
- Getting medical care right away and following the treatment plan
- Taking photos of the burn early, then regularly as it heals
- Saving discharge papers, prescriptions, and receipts
- Collecting witness names and contact info while memories are fresh
Insurance claims vs. lawsuits, we can negotiate and still protect the deadline
Settlement talks can take months, sometimes longer, especially with severe burns. Adjusters may ask for “just one more record” or “one more follow-up” before they evaluate fairly. Meanwhile, the deadline keeps moving closer.
Filing a lawsuit before the deadline can preserve your rights while negotiations continue. It also signals that we’re prepared to prove the case, not just argue about it.
One more point people miss: once you sign a settlement release, the case is usually over. That’s why burn settlement decisions should account for future needs, not just today’s bills. Depending on the injury, that can include scar management, reconstructive procedures, physical therapy, counseling, and time away from work.
If an insurer offers quick money before you know the long-term plan, it’s often a sign they’re trying to close the file, not cover the future.
For a broader overview of California filing deadlines across injury cases, see our guide on the California personal injury statute of limitations.
What happens if we miss the statute of limitations
When a case is filed late, the court can dismiss it. That can happen even if the burn was severe and liability seems clear. Insurance companies know this, so they track deadlines too. If the deadline passes, the pressure to pay often disappears.
Waiting also creates practical problems. Surveillance footage can be overwritten. A landlord may repair the hazard. A business might “clean up” records. Witnesses change numbers, move, or forget details.
If you’re reading this and worrying about dates, we can still take a calm, organized approach. The goal is simple: figure out what deadline applies, then act early enough to protect it.
Common exceptions that can change the filing date in a burn injury case
Although the two-year rule covers many burn injury lawsuits, exceptions can change the date. Some exceptions extendtime, others shorten it. The hard part is that these issues are fact-based. Small details matter, like the injured person’s age, when symptoms became clear, and whether a government agency might be involved.
Three exceptions come up often in Los Angeles and Encino burn claims:
- Minors: the filing clock may not start until age 18 in many situations.
- Delayed discovery: the clock may start when the injury, or its cause, was discovered (or should have been discovered with reasonable care).
- Government claims: claims involving public entities often require action much sooner, commonly within about six months for an administrative claim.
Even when an exception may apply, waiting is risky. The deadline might not be what we assume, and the evidence still fades.
For readers who want a practical overview of how burns happen in real life around Los Angeles, our article on common burn accidents in Los Angeles is a helpful companion.
Burn injuries involving children, when the clock may start later
When a child suffers a burn, California law often pauses the statute of limitations until the child becomes an adult. In many cases, that means the child may have time after turning 18 to file.
Still, families shouldn’t treat that as “we can deal with it later.” A burn case can depend on early proof. Photos of the scene, preserved products, fire department records, and witness statements are easier to gather right away. Also, medical documentation tends to be cleaner when treatment starts promptly and follow-ups stay consistent.
We also see parents under financial stress after a child’s burn, especially when a parent misses work for appointments or hospital stays. Early case review can help families understand what documentation to keep, even if they’re not ready to pursue anything immediately.
Delayed symptoms and hidden causes, how the discovery rule may apply
Some burn-related harm doesn’t fully show itself on day one. Infection can develop later. Nerve injury may become clearer as swelling drops. Chemical exposure might cause deeper tissue damage that looks “minor” at first. In other cases, the burn’s cause is hidden, like a defective battery, a faulty water heater mixing valve, or wiring issues inside a wall.
California’s “discovery” concept can apply when a person didn’t know, and could not reasonably know, that they had an injury or that negligence caused it. People sometimes misunderstand this and assume any late diagnosis resets the clock. That’s not how it usually works.
A simple way to understand “reasonable care” is this: if symptoms persist, we follow up. If we suspect a chemical exposure, we tell the doctor. If a product failed, we preserve it instead of throwing it away. Those steps can protect both health and the timeline.
Special deadlines for government-related burn accidents in Los Angeles County
If a city, county, or state agency may share fault for the burn, the timeline can change in a big way. Many government-related injury claims in California require an administrative claim first, often within about six months of the incident. This is not the same as “filing a lawsuit later.” It’s a separate step, with its own rules.
Government involvement comes up more than people think in Los Angeles County. Examples include:
- Burns from a dangerous condition on public property (for example, a hazard at a public park or facility)
- A faulty streetlight, exposed electrical box, or damaged sidewalk area tied to public maintenance
- Fire safety failures in public buildings, or issues tied to public housing oversight
- Traffic crashes involving a government vehicle that lead to fire or scalding injuries
Missing the early claim deadline can end the case before it starts. That’s why we look for public-entity involvement right away, even when it seems like a private business caused the problem.
How we spot government involvement early so we do not lose time
Early investigation is often the difference between having options and getting boxed in. When we screen for government involvement, we focus on practical checks:
- Confirming the exact incident location and who controls the property
- Requesting fire reports, incident reports, and any available public records
- Photographing the area before repairs happen
- Gathering witness statements early, while details are sharp
- Checking whether public works, a transit agency, or a city contractor was involved
Even if the final answer is “no government entity here,” we lose nothing by checking early. On the other hand, if a public entity is involved and we wait too long, we may lose the claim.
What we should do right after a burn accident to protect our case value and our deadline
After a burn, it’s easy to feel like life turns into paperwork. Still, a few clear steps can protect both recovery and the strength of a future claim.
First, we get medical care. Burns can worsen quickly, and early treatment also creates a medical record that connects the injury to the event. Next, we follow the treatment plan and attend follow-ups. Gaps in care give insurers room to argue the burn “wasn’t that serious.”
Documentation matters too. We take photos in consistent lighting, then repeat every few days as the wound changes. We save receipts, co-pays, and out-of-pocket costs. If we miss work, we track dates and keep pay stubs or employer notes.
Calling police or fire depends on the situation. We generally call 911 for serious burns, suspected inhalation injury, large fires, traffic crashes, hazardous chemicals, or suspected crime. For a minor burn at a store or job site, a police response may not happen, yet we still ask for an incident report from the business or supervisor.
Insurance tactics show up early in burn cases. Adjusters may push for a recorded statement or float a quick offer before the long-term picture is clear. We stay cautious. We don’t guess about fault, and we don’t sign releases without understanding what rights they end.
For a step-by-step breakdown focused on health, documentation, and next moves in LA, see steps after a burn accident in Los Angeles.
Evidence that usually makes or breaks a burn injury claim
A strong burn case is built on proof that’s easy to understand months later. The most common “make or break” items include:
- Medical records: ER notes, burn center records, wound care notes, and photos taken by providers.
- Photos over time: early images plus healing progress, scarring, and any mobility limits.
- Income and job records: pay stubs, missed time logs, and notes showing duty changes or reduced hours.
- Incident reports: fire department reports, workplace reports, or business reports that capture date, time, and conditions.
- Safety logs and code issues: where relevant, this can include Cal/OSHA-related workplace safety documentation or building fire safety problems.
- Experts when needed: fire cause and origin experts, forensic specialists, or life care planners for future medical needs.
If we were partly at fault, we may still have a claim in California
California follows comparative fault in personal injury cases. That means we can still recover compensation even if we share part of the blame. However, the recovery usually drops by the percentage of fault assigned to us.
For example, if damages total $100,000 and we’re found 20 percent at fault, the recovery could be reduced to $80,000.
Because insurers look for ways to shift blame, we avoid off-the-cuff admissions like “This was my fault.” We also avoid guessing about technical causes, especially in electrical and chemical burn cases. Evidence should drive the final story, not stress in the moment.
FAQs about burn accident deadlines, insurance, and case value
How long do we have to file a burn injury lawsuit in California?
In many cases, it’s two years from the injury date, but exceptions can apply.
Does an insurance claim stop the statute of limitations clock?
Usually no. An open claim and ongoing talks often don’t replace filing in court.
What if the burn happened on public property in Los Angeles?
A government agency may be involved, and the deadline can be much shorter, often starting with an administrative claim.
Should we take the first settlement offer?
Early offers often arrive before the long-term plan is clear. Once signed, you usually can’t reopen the claim for more.
Do online settlement calculators work for burn injuries?
They usually miss the biggest drivers of value, like surgeries, future scar care, missed earning ability, and daily pain.
Can we handle a minor burn claim without a lawyer?
Sometimes. If the burn heals quickly and costs are low, you may not need full representation. Still, severe burns, disputed fault, multiple responsible parties, or government involvement are strong signs to get help.
Conclusion
Burn injury deadlines can feel like one more problem on top of everything else. Still, the key points are clear: California often gives two years to file a burn injury lawsuit, some cases involve exceptions (minors, delayed discovery, and government-related claims), and early action protects evidence and case value.
If you’re dealing with a burn in Los Angeles or Encino and you’re unsure about dates, we can help you get oriented fast. Our Encino-based team offers 24/7 availability, concierge-style support, and direct communication with your lawyer, so you’re not left chasing updates while you heal. The sooner we review the timeline and preserve proof, the more options we usually keep on the table.