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By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Burned because of someone else?
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What to do after a burn in Virginia
Get the right care first. The American Burn Association’s referral guidelines say every chemical burn, every suspected inhalation injury and every high-voltage electrical injury calls for burn center consultation, as do partial-thickness burns of 10% or more of the body (ABA referral guidelines). Virginia’s ABA-verified center is in Richmond.
Your account of what happened will be tested closely in a contributory negligence state, so write it down while it is fresh: where you were standing and what anyone warned you about. Save the item that burned you and the clothes you had on. Get the names of witnesses and of the manager on duty. Ask in writing that video and maintenance records be kept.
Hold off on recorded statements to any insurer, including your own, until you have legal advice.
The deadline to file in Virginia
| Who caused the burn | What is due | Source |
|---|---|---|
| A person or business | Lawsuit within 2 years | Va. Code 8.01-243(A) |
| A county, city or town | Written notice within 6 months after the claim accrues, to the county, city or town attorney or the chief executive or mayor | Va. Code 15.2-209 |
| The Commonwealth | Written notice within 1 year after accrual, to the Director of the Division of Risk Management or the Attorney General | Va. Code 8.01-195.6 |
Virginia has no general discovery rule. A personal injury claim accrues on the date the injury is sustained, not when the resulting damage is discovered, unless a statute says otherwise (Va. Code 8.01-230). A burn that looks minor at first and later needs grafting still runs from the day it happened.
Medical malpractice has some statutory extensions. One example: a claim for a foreign object left in the body may be brought within one year of discovering it (Va. Code 8.01-243(C)(1)).
For government notices, the Code allows a claim to be saved when the listed officials or the insurer had actual knowledge of the claim within the notice period (Va. Code 8.01-195.6). Relying on that is risky. File the notice on time.
How fault works in Virginia
Virginia applies contributory negligence as a common-law rule. If the injured person was negligent and that negligence helped cause the injury, recovery can be barred completely. The Supreme Court of Virginia explained in Ponirakis v. Choi, 262 Va. 119 (2001) that for contributory negligence to bar recovery, the plaintiff’s negligence must be concurrent with the defendant’s negligence.
Take a renter who lights a gas grill on a deck the landlord knew had a leaking connection. The landlord’s lawyer will ask whether the renter smelled gas and lit the grill anyway. If a jury says yes, and that carelessness happened together with the landlord’s, the renter can lose the whole claim.
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Damages and caps in Virginia
| Item | Virginia rule | Source |
|---|---|---|
| Punitive damages: what must be shown | Willful and wanton conduct showing conscious disregard of another’s rights (Woods v. Mendez, 265 Va. 68 (2003)) | Va. Code 8.01-38.1 |
| Punitive damages cap | $350,000 in total against all defendants | Va. Code 8.01-38.1 |
| Medical malpractice cap (total damages, economic and noneconomic) | $2.75 million for malpractice from 7/1/2026 to 6/30/2027 ($2.70 million for 7/1/2025 to 6/30/2026); rises $50,000 each July 1 to $3 million for acts on or after 7/1/2031 | Va. Code 8.01-581.15 |
This cap limits total damages, economic and noneconomic combined, which can matter for a severe burn suffered during surgery.
Burns at work in Virginia
Virginia’s workers’ compensation rights exclude all other remedies of the employee, at common law or otherwise (Va. Code 65.2-307(A)). The statute’s text contains no exception for intentional injury.
Claims against anyone else are kept alive (Va. Code 65.2-309). A shipyard welder burned by a subcontractor’s equipment, or a cook hurt when a new fryer’s thermostat fails, may have a claim against that outside party. The employer gets a lien on any verdict or settlement and is subrogated to the employee’s rights against the third party. If the employer collects more than it is owed, it holds the excess for the employee.
Burn centers in Virginia
The ABA directory lists three burn centers in Virginia. One is ABA-verified. The other two are listed without verification.
| Center | City | Address | Phone | Patients |
|---|---|---|---|---|
| Evans-Haynes Burn Center, ABA-verified | Richmond | PO Box 980624, Richmond, VA 23298 | (804) 828-9240 | Adult & Pediatric |
| Burn and Reconstructive Center at Chippenham Hospital, listed by the ABA (not verified) | Richmond | 7101 Jahnke Rd, Richmond, VA 23225 | (804) 483-0000 | Adult & Pediatric |
| Burn Center at Sentara Norfolk General Hospital, listed by the ABA (not verified) | Norfolk | 600 Gresham Dr, Norfolk, VA 23507 | (757) 388-3000 | Adult |
Source: American Burn Association, Find a Burn Center, directory checked November 2026.
Who may be liable for a burn
Several kinds of defendants show up in burn cases. Property owners and landlords control wiring, heating, smoke alarms and water heater settings. On construction and industrial sites, an employer’s contractor may run the hot work or the electrical lockout. Manufacturers and sellers stand behind heaters, batteries, grills and the safety valves inside them. Gas and electric utilities maintain the lines and meters. Restaurants decide how hot to serve coffee and how fryers are guarded. A single fire can involve more than one of them.
How Beverly Law helps in Virginia
Beverly Law is a California firm, and its attorneys are licensed in California and Washington. For burn injuries in Virginia, it works with Virginia-licensed attorneys through its referral network. Request a free case review and you will be put in touch with a burn injury attorney licensed in Virginia, usually within one business day.
Related pages
This page is general information about Virginia law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Virginia can tell you how they apply to your case.
Common questions
How long do I have to file a burn claim in Virginia?
Two years from the date of injury for most lawsuits under Va. Code 8.01-243(A), with no general discovery rule. If a county, city or town is responsible, written notice is due within six months. Claims against the Commonwealth need written notice within one year after the claim accrues.
Will my own carelessness end my case?
It can. Virginia follows contributory negligence, so negligence on your part that helped cause the injury may bar recovery. Under Ponirakis v. Choi, your negligence must be concurrent with the defendant’s to have that effect. How the facts are gathered and told matters a great deal.
Can I sue my employer for a workplace burn in Virginia?
Generally not. Va. Code 65.2-307 makes workers’ compensation the employee’s exclusive remedy against the employer, and the statute’s text has no intentional-injury exception. A contractor, equipment maker or other outside party can still be sued under 65.2-309, subject to the employer’s lien.
Where can I find a lawyer referral in Virginia?
The Virginia State Bar runs the Virginia Lawyer Referral Service, known as VLRS, and you can contact it directly. That is a separate route from the free case review described above, which connects you with a Virginia-licensed burn injury attorney.
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Burn injury lawyer — Beverly Law
Burned in Virginia because of someone else? A free case review connects you with a burn injury attorney licensed in Virginia, usually within one business day.
Related pages
Sources
- law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/
- law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-230/
- law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-195.6/
- law.lis.virginia.gov/vacode/title15.2/chapter2/section15.2-209/
- courtlistener.com/opinion/1059463/ponirakis-v-choi/
- law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-38.1/
- law.lis.virginia.gov/vacode/title8.01/chapter21.1/section8.01-581.15/
- law.lis.virginia.gov/vacode/title65.2/chapter3/section65.2-307/
- law.lis.virginia.gov/vacode/title65.2/chapter3/section65.2-309/
- vsb.org/Site/legal-help/vlrs.aspx
- ameriburn.org/burnreferral
- ameriburn.org/burn-care-team/resources/burn-centers/evans-haynes-burn-cen
- ameriburn.org/burn-care-team/resources/burn-centers/burn-and-reconstructi
- ameriburn.org/burn-care-team/resources/burn-centers/burn-center-at-sentar
- 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.