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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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What to do after a burn in North Carolina
Medical care comes first. The American Burn Association’s referral guidelines call for burn center consultation for any full-thickness burn, every chemical burn and suspected smoke inhalation, and they say all children may benefit from referral (ABA referral guidelines).
Then start a file. Photograph the burn on day one and as it heals. Keep the clothing and the container or appliance involved. Write down who saw it happen. At a business, a rental or a job site, ask in writing for the incident report and ask that any camera video be saved.
You can decline an adjuster’s recorded statement until you have talked with a lawyer. Under this state’s fault rule, a remark like “I should have been more careful” can become the defense.
The deadline to file in North Carolina
The general limit for personal injury is three years (G.S. 1-52(16)). The same subsection has a discovery rule: the claim does not accrue until bodily harm becomes apparent, or ought reasonably to have become apparent, to the injured person. A 10-year repose period runs from the defendant’s last act.
Burns from medical care run on a different clock. Under G.S. 1-15(c), professional malpractice runs from the defendant’s last act, with a one-year discovery extension capped at four years, or 10 years for a foreign object left in the body (G.S. 1-15).
If a State department, institution or agency is responsible, the claim is filed with the N.C. Industrial Commission, which acts as the court under the State Tort Claims Act. The deadline is three years after the claim accrues, or two years after death for wrongful death (G.S. 143-299). If a city or county may be involved, ask a North Carolina lawyer early which rules apply.
How fault works in North Carolina
North Carolina follows contributory negligence. If your own negligence helped cause the injury, it can bar recovery entirely. In Smith v. Fiber Controls Corp., 300 N.C. 669 (1980), the state Supreme Court said a plaintiff’s contributory negligence “will bar his recovery to the same extent as in any other negligence case.” The State Tort Claims Act also requires that the claimant not be contributorily negligent.
Picture a diner who reaches across a table and tips a fondue pot the restaurant set on a wobbly burner stand. A jury could find the restaurant mostly to blame and still decide the diner was careless in reaching. Under this rule, that second finding can end the claim.
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Damages and caps in North Carolina
| Question | North Carolina rule | Source |
|---|---|---|
| Standard for punitive damages | Clear and convincing evidence of fraud, malice, or willful or wanton conduct | G.S. 1D-15 |
| Punitive damages cap | Greater of 3 times compensatory damages or $250,000; does not apply to impaired-driving (DWI) claims | G.S. 1D-25(b), 1D-26 |
| Med-mal noneconomic cap | $712,847 as of 1/1/2026 (statutory base $500,000, reset by OSBM every 3 years for inflation) | G.S. 90-21.19 |
| No med-mal cap when | Disfigurement, loss of use of part of the body, permanent injury or death, AND reckless disregard, gross negligence, fraud, intent or malice | G.S. 90-21.19 |
Burns at work in North Carolina
Against a complying employer, workers’ compensation is the exclusive remedy (G.S. 97-10.1). Woodson v. Rowland, 329 N.C. 330 (1991), allows a civil suit when the employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death.
A third party may share the blame, such as the company that installed a fryer’s gas line. Under G.S. 97-10.2, the worker alone may sue that third party for the first 12 months. After that, if the employer has filed a written admission of liability with the Industrial Commission, either side may sue, and all rights revert to the employee 60 days before the limitations period runs out. Every party to the comp claim has a lien on the recovery, which the Commission orders paid out as costs, the attorney fee (capped at one-third), employer reimbursement, then the employee.
Burn centers in North Carolina
The American Burn Association lists two burn centers in North Carolina. Both are ABA-verified.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| North Carolina Jaycee Burn Center, ABA-verified | Chapel Hill | 101 Manning Dr, CB 7206, Chapel Hill, NC 27514 | (984) 974-2000 | Adult & Pediatric |
| Wake Forest Baptist Medical Center Burn Center, ABA-verified | Winston Salem | 1 Medical Center Blvd, Winston Salem, NC 27157 | (336) 716-4775 | Adult & Pediatric |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
The N.C. Office of State Fire Marshal’s 2025 North Carolina Fire Fatality Report, released in February 2026, includes a five-year analysis for 2021 through 2025.
Who may be liable for a burn
It depends on how the burn happened. A landlord may answer for a fire tied to bad wiring or a missing smoke alarm. On a job site, a contractor may have created the hazard. A failed space heater or lithium battery brings in its maker and seller. A gas utility can share fault for a leak, and a restaurant for a drink served too hot. Often more than one party is involved.
How Beverly Law helps in North Carolina
Beverly Law is a California firm, and its attorneys are licensed in California and Washington. For burn injuries in North Carolina, the firm works with licensed North Carolina attorneys through its referral network. A free case review connects you with a burn injury attorney licensed in North Carolina, usually within one business day.
Related pages
- Burn injury lawyer · Burn injury law by state · Burn centers · South Carolina burn injury law · Virginia burn injury law
This page is general information about North Carolina law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in North Carolina can tell you how they apply to your case.
Common questions
How long do I have to sue after a burn in North Carolina?
Generally three years under G.S. 1-52(16). The claim accrues when bodily harm becomes apparent or reasonably should have, with a 10-year outer limit from the defendant’s last act. Claims against a State agency go to the Industrial Commission within three years after accrual, or two years after death in a wrongful death case.
Can I still recover if I was partly to blame for the burn?
Possibly not. North Carolina applies contributory negligence, so any negligence on your part that helped cause the injury can bar the claim. What you did in the moment before the burn, and how it gets described to an insurer, matters a great deal.
Can I sue my employer for a burn at work in North Carolina?
Usually not. Workers’ compensation is the exclusive remedy against a complying employer under G.S. 97-10.1, with a narrow exception from Woodson v. Rowland for intentional misconduct the employer knew was substantially certain to cause serious injury or death. A contractor or equipment maker can still be sued under G.S. 97-10.2.
Is there another way to find a lawyer in North Carolina?
Yes. The North Carolina Bar Association runs a Lawyer Referral Service. The voluntary bar association operates it, separately from the N.C. State Bar, which licenses lawyers. You can use it alongside a free case review.
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Burn injury lawyer — Beverly Law
Burned in North Carolina because of someone else? A free case review connects you with a burn injury attorney licensed in North Carolina, usually within one business day.
Related pages
Sources
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-5
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-1
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_143/GS_1
- courtlistener.com/opinion/1261641/smith-v-fiber-controls-corp/
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1D/GS_1D
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1D/GS_1D
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_1D/GS_1D
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_97/GS_97
- ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_97/GS_97
- ncosfm.gov/administrative/fire-fatality-report-2025/open
- ncbar.org/public/find-an-nc-lawyer/
- ameriburn.org/burnreferral
- ameriburn.org/burn-care-team/resources/burn-centers/north-carolina-jaycee
- ameriburn.org/burn-care-team/resources/burn-centers/wake-forest-baptist-m
- ameriburn.org/burn-care-team/resources/find-a-burn-center
Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.