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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 Indiana
Treatment comes first. Burns are graded by depth: a first-degree burn affects only the outer layer of skin, a second-degree burn also damages the dermis beneath it, and a third-degree burn destroys the skin to its full depth and damages the tissue under it (NIH fact sheet). The ABA’s referral guidelines describe when a burn should be seen at a burn center. All three Indiana centers in the ABA directory are in Indianapolis.
Then protect the evidence. Keep the product, container and clothing, take dated photos as the wound changes, and ask in writing for store or building video to be kept. If a public body might share the blame, put the 180-day and 270-day notice dates on your calendar now.
The Indiana Department of Homeland Security posts fire incident and residential fire fatality dashboards on its Data and Statistics page.
The deadline to file in Indiana
An action for injury to the person must be commenced within two years after the cause of action accrues (Ind. Code § 34-11-2-4(a)).
When does it accrue? Under Wehling v. Citizens Nat’l Bank, 586 N.E.2d 840 (Ind. 1992), a tort claim accrues when the plaintiff knew, or with ordinary diligence could have discovered, that an injury was sustained because of another person’s tortious act.
Public defendants are covered by the Indiana Tort Claims Act, and its notice rules are much shorter than the lawsuit deadline (Ind. Code § 34-13-3-8):
| Defendant | Written notice goes to | Deadline |
|---|---|---|
| The State or a state agency | The Attorney General or the state agency involved (§ 34-13-3-6) | 270 days after the loss |
| A political subdivision, such as a city or county | The governing body and the Indiana political subdivision risk management commission (§ 34-13-3-8) | 180 days after the loss |
How fault works in Indiana
Indiana’s Comparative Fault Act bars you only if your fault is greater than the fault of all others whose fault contributed to the injury, which means more than 50% (Ind. Code § 34-51-2-6). Up to that point, your damages are reduced by your share.
Take a shopper burned when a propane tank leaks at a hardware store display. A jury finds the shopper 30% at fault, the store 60% and the tank maker 10%. The shopper’s 30% is less than the other 70%, so the shopper recovers 70% of the damages.
One caution. The Comparative Fault Act does not apply to tort claims against governmental entities or public employees under the Tort Claims Act (§ 34-51-2-2). If a public body is involved, ask an Indiana lawyer how fault will be handled.
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Damages and caps in Indiana
| Rule | Indiana law |
|---|---|
| Punitive damages: proof | Clear and convincing evidence (§ 34-51-3-2) |
| Punitive damages: cap | The greater of 3x compensatory damages or $50,000 (§ 34-51-3-4) |
| Punitive damages: who gets the money | 75% of the award is paid to the state treasurer (§ 34-51-3-6) |
| Medical malpractice: total damages | $1,800,000 for malpractice after June 30, 2019 (§ 34-18-14-3) |
| Medical malpractice: one provider | Liability limited to $500,000 (§ 34-18-14-3) |
Sources: punitive damages; medical malpractice.
The malpractice limit covers total damages, not only noneconomic losses, and has no automatic inflation adjustment.
Burns at work in Indiana
Workers’ compensation rights and remedies exclude all other remedies against the employer (Ind. Code § 22-3-2-6). Under Baker v. Westinghouse Elec. Corp., 637 N.E.2d 1271 (Ind. 1994), an intentional tort falls outside the Act only if the employer had a deliberate intent to injure, or actual knowledge that an injury was certain to occur.
You may still sue someone other than the employer who is liable for the burn (§ 22-3-2-13). In a steel mill or plant fire, that could be an outside maintenance contractor or the maker of a failed valve. The employer or its carrier has a lien on any settlement, award, judgment or fund from that third party.
Burn centers in Indiana
All three Indiana burn centers in the ABA directory are ABA-verified, and all are in Indianapolis. Riley at IU Health treats children, Eskenazi’s Fairbanks center treats adults, and Ascension St. Vincent treats both.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Ascension St. Vincent (Burn Center), ABA-verified | Indianapolis | 2001 W 86th St, Indianapolis, IN 46260 | (317) 338-2345 | Adult & Pediatric |
| Burn Program at Riley at IU Health, ABA-verified | Indianapolis | 702 Barnhill Dr, Indianapolis, IN 46202 | (317) 944-9090 | Pediatric |
| Richard M. Fairbanks Burn Center, ABA-verified | Indianapolis | 720 Eskenazi Ave Fl 4, 825, Indianapolis, IN 46202 | (317) 880-6820 | Adult |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
The obvious party is not always the only one responsible. Property owners can be liable for faulty heaters or wiring. A contractor working for your employer may have caused a fire on the job. Product makers answer for batteries, grills and appliances that fail. Utilities can be responsible for gas leaks, and restaurants for drinks served too hot. The ABA’s scald table shows water at 140°F can cause a third-degree burn in five seconds (ABA scald guide).
How Beverly Law helps in Indiana
Beverly Law is a California law firm. Its attorneys are licensed in California and Washington. For burn injuries in Indiana, the firm works with licensed Indiana attorneys through its referral network, and a free case review connects you with an Indiana-licensed burn injury attorney, usually within one business day.
Related pages
This page is general information about Indiana law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Indiana can tell you how they apply to your case.
Common questions
How long do I have to file a burn injury lawsuit in Indiana?
Two years after the claim accrues under § 34-11-2-4. If a public body may be responsible, written notice comes first: 180 days for a political subdivision and 270 days for the State or a state agency.
Can I recover if I was partly at fault?
Yes, unless your fault is greater than the combined fault of everyone else who contributed to the injury, under § 34-51-2-6. Your damages are reduced by your percentage. The Comparative Fault Act does not apply to claims against government entities under the Tort Claims Act.
How much can I get in punitive damages in Indiana?
Punitive damages need clear and convincing evidence and are capped at the greater of three times compensatory damages or $50,000 under § 34-51-3-4. Indiana law sends 75% of any punitive award to the state treasurer rather than to the injured person.
Can I sue my employer after a burn at work in Indiana?
Usually not. Workers’ comp is the exclusive remedy against the employer under § 22-3-2-6, except where the employer deliberately intended to injure or knew an injury was certain. You can still sue a liable third party, subject to the employer’s lien.
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Burn injury lawyer — Beverly Law
Burned in Indiana because of someone else? A free case review connects you with a burn injury attorney licensed in Indiana, usually within one business day.
Related pages
Sources
- law.justia.com/codes/indiana/title-34/article-11/chapter-2/section-34-11-2
- law.justia.com/codes/indiana/title-34/article-13/chapter-3/section-34-13-3
- law.justia.com/codes/indiana/title-34/article-51/chapter-2/section-34-51-2
- webarchive.library.unt.edu/web/20130219001112/http://www.nigms.nih.gov/Publications/Fa
- ameriburn.org/burnreferral
- in.gov/dhs/data-and-dashboards/data-and-statistics/
- law.justia.com/cases/indiana/supreme-court/1992/27s02-9202-cv-110-4.html
- law.justia.com/codes/indiana/title-34/article-13/chapter-3/section-34-13-3
- law.justia.com/codes/indiana/title-34/article-51/chapter-2/section-34-51-2
- static.case.law/ne2d/637/cases/1267-01.json
- law.justia.com/codes/indiana/title-34/article-51/chapter-3/
- law.justia.com/codes/indiana/title-34/article-18/chapter-14/section-34-18-
- law.justia.com/codes/indiana/title-22/article-3/chapter-2/section-22-3-2-6
- law.justia.com/codes/indiana/title-22/article-3/chapter-2/section-22-3-2-1
- ameriburn.org/burn-care-team/resources/burn-centers/ascension-st-vincent-
- ameriburn.org/burn-care-team/resources/burn-centers/burn-program-at-riley
- ameriburn.org/burn-care-team/resources/burn-centers/richard-m-fairbanks-b
- ameriburn.org/burn-care-team/resources/find-a-burn-center
- childburn.org/_files/ugd/8b77b5_86f5163b1c4f4c9a8d6cc8c3456a2d7f.pdf
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.