How Long Do You Have to File a Burn Injury Claim in Texas?
Two years, with the usual exceptions. The difficulty specific to burn cases is that treatment often outlasts the deadline, so a claim frequently has to be filed before anyone knows what the injury finally looks like.
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Two years from the injury
Section 16.003 of the Texas Civil Practice and Remedies Code gives two years from the date of injury to file suit. Wrongful death runs two years from the date of death, which in burn cases is frequently a different date after a period in critical care.
Filing means commencing a lawsuit in court. Notifying an insurer or negotiating does not preserve it.
The tension unique to burn cases
Ordinarily a claim is not valued until treatment stabilizes. Severe burns can require reconstruction for years, which means stabilization may arrive well after the limitations period has run.
The practical answer is usually to file before the deadline and continue developing the medical evidence within the litigation, rather than settling early on an incomplete picture or losing the claim entirely. Filing commits nobody to a trial.
Claims where the deadline is shorter
Where a governmental unit is involved, the Texas Tort Claims Act requires formal written notice within six months and many cities impose shorter periods by charter.
Where the burn happened at work and the employer subscribes to workers compensation, the injury generally has to be reported to the employer within thirty days and the comp claim filed within a year. Those run alongside, not instead of, any third-party negligence claim.
Product claims and the statute of repose
Where a defective product caused the burn, a heater, an electrical appliance, a flammable fabric or a chemical, a product claim may face a statute of repose in addition to the limitations period.
A repose period can bar a claim a fixed number of years after the product was sold regardless of when the injury occurred, so the age and origin of the product matter.
Evidence that will not wait
The scene, the failed appliance, the chemical container, the garment, the scald source. These are routinely discarded during cleanup, and once gone a product or premises claim may be unprovable.
Photographs of the injury as it heals also cannot be created retrospectively. Starting that record early is one of the few things entirely within a claimant's control.
Where the period is extended
A claimant who was a minor generally has until two years after turning eighteen, which matters in burn cases because children are disproportionately affected by scalds.
Legal incapacity can toll the period, and prolonged critical care may raise it, though it is argued on specific facts rather than assumed.
Summary
| Item | Period | Runs from |
|---|---|---|
| Personal injury suit | 2 years | Date of injury |
| Wrongful death | 2 years | Date of death |
| Governmental unit | Formal notice within months | Date of incident |
| Workplace burn, report to employer | 30 days | Date of injury |
| Workers compensation claim | 1 year | Date of injury |
| Product claim | 2 years, plus statute of repose | Injury, and product sale |
| Claimant was a minor | Generally 2 years from turning 18 | 18th birthday |
Keep reading
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Frequently asked questions
Two years from the date of injury for a personal injury claim, and two years from the date of death for wrongful death. Negotiating with an insurer does not pause the period.
This is common in severe burn cases. The usual answer is to file suit before the deadline and continue developing the medical evidence within the litigation, rather than settling early on an incomplete picture. Filing does not commit anyone to a trial.
It can be. A product claim may face a statute of repose as well as the limitations period, which can bar a claim a fixed number of years after the product was sold regardless of when the injury happened.
Where the employer subscribes to workers compensation, the injury generally must be reported within thirty days and the comp claim filed within a year. A separate negligence claim against a third party still runs on the two year period.
Talk it through with a lawyer
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