According to the American Burn Association (ABA), as many as 400,000 burn injuries require medical treatment in the United States each year. In Alabama, burn injury claims are governed by Ala. Code § 6-2-38. The law gives most injured parties two years to file a personal injury lawsuit. Acting quickly preserves evidence and protects your right to compensation.
The Most Common Causes of Burn Injuries in Alabama
Burn injuries could happen anywhere, at any time. Unfortunately, many burn injuries are caused by someone else’s negligence.
| Cause | Common Settings |
|---|---|
| Workplace accidents | Oil and gas operations, manufacturing, restaurants, electrical work, chemical plants |
| Motor vehicle crashes | Fuel fires after high-impact collisions, tanker truck accidents |
| Defective products | Lithium batteries, electrical appliances, gas heaters, hot water heaters |
| House fires | Defective wiring, gas leaks, faulty smoke detectors, landlord negligence |
| Premises liability | Hot surfaces at restaurants, scalding water in hotels, chemical exposure |
| Medical malpractice | Surgical burns, laser treatment errors, anesthesia-related burns |
Burn Injury Severity
Classified by depth, burns begin with first-degree and end with fourth-degree. First-degree burns are often superficial, like a sunburn. Second-degree burns tend to blister. Third-degree burns are fully in the skin, and fourth-degree burns extend into muscle or bone.
Severe burns often require multiple skin grafts, long-term wound care, and lifelong scarring. Our burn injury team handles thermal, chemical, electrical, and radiation burn cases across Alabama.
How Alabama Law Affects Burn Injury Claims
Several Alabama statutes apply to burn injury cases, and the deadlines are strict. Under Ala. Code § 6-2-38(l), you must file a personal injury claim within two years of the date of injury. Wrongful death claims must be filed within two years of the date of death.
Product Liability Deadlines
There are two parts of the product liability deadline for burn cases. Any cases against the original seller (Alabama Extended Manufacturer’s Liability Doctrine) have a shorter 1-year statute of limitations from the date of injury. However, Alabama also enforces a 10-year statute of repose from when the product was first sold.
Government Claims
Burn injuries caused by government negligence, like a fire at a government building, have shorter deadlines.
- Cities and towns require a 6-month notice under Ala. Code § 11-47-23.
- Counties require a 12-month notice under Ala. Code § 11-12-8.
Workplace Burn Injuries
Ala. Code §§ 25-5-1 et seq outlines workers’ compensation in Alabama. The state typically provides no-fault benefits for workplace burns. As a worker, you may also have third-party claims against equipment manufacturers, contractors, or other parties.
Burn cases against product manufacturers in Alabama have a 1-year statute of limitations. Missing this deadline almost always bars the claim.
For more on when to consult, see our article on when you would need a Birmingham burn injury attorney.
Types of Damages Available in a Burn Injury Case
Burn injury cases often involve substantial damages because of the catastrophic and long-lasting nature of the injuries.
| Damage Type | What It Covers | Examples |
|---|---|---|
| Economic damages | Quantifiable financial losses | Emergency medical treatment and hospitalization, reconstructive surgery and skin grafts, long-term wound care, physical and occupational therapy, lost wages and earning capacity, future medical expenses |
| Non-economic damages | Harms without a clear dollar value | Physical pain and suffering, permanent scarring and disfigurement, mental anguish and emotional distress, loss of enjoyment of life |
| Punitive damages | Penalties for gross negligence, recklessness, or intentional harm | Awarded in limited circumstances to punish wrongdoers and deter similar conduct |
Wrongful Death Damages
Alabama is unusual. Outlined by Ala. Code § 6-5-410, wrongful death damages in Alabama are limited to punitive damages only. There are no compensatory damages for the decedent’s pain and suffering or the family’s loss.
Lifetime Cost of Severe Burns
According to the American Burn Association, severe burns could require multiple surgeries, years of rehabilitation, and lifelong care. Unfortunately, costs for one burn survivor could climb into the hundreds of thousands of dollars.
What You Should Do After a Burn Injury in Alabama
The steps you take after a burn can affect both your medical recovery and your legal claim. Burn cases involve complex medical evidence, product liability theories, and strict deadlines. Follow these steps to protect your potential claim.
- Get medical care immediately, because burns can quickly become life-threatening. Early treatment also creates the medical record that supports your claim.
- Document the scene and its cause. If possible, photograph the location, the source of the burn, and your injuries. You need to keep any physical evidence, like the defective product.
- Report the incident to the right authorities. For example, you should report a workplace burn to your employer. You can report product-related burns to the retailer or manufacturer.
- Identify witnesses and collect their contact information.
- Don’t give recorded statements. Insurance adjusters often request recorded statements to use against you. Consult an attorney first.
- Meet with an attorney as soon as possible. An attorney could collect evidence, identify responsibility, and fight the defense for you.
Alabama is one of the few states to follow pure contributory negligence. If you’re found even 1% responsible, you may not receive any compensation. An attorney is your best chance at defending against a negligent insurance company.
Common Questions About Alabama Burn Injury Cases
How long do I have to file burn injury claims in Alabama?
Typically, you have two years to file a personal injury claim under Ala. Code § 6-2-38(l). Product liability claims have a shorter 1-year deadline. Government claims have notice deadlines of 6 months (cities) or 12 months (counties).
Missing a deadline could bar your claim entirely. The best thing you can do is to meet with an attorney. They can help you understand which rules apply to your case.
What is the average settlement for a burn injury case in Alabama?
No fixed average exists for burn injury compensation in Alabama. Compensation varies based on injury severity, medical costs, lost wages, scarring, the strength of liability evidence, and insurance coverage. Severe burns involving multiple surgeries, permanent disfigurement, or extensive rehabilitation typically lead to higher recoveries.
Does Alabama’s contributory negligence rule affect burn injury cases?
Yes, the contributory negligence rule affects burn injury cases. Alabama is one of a few states that follows pure contributory negligence. If you’re found even 1% at fault, you may not recover anything.
Can I file a burn injury claim if the injury happened at work?
Yes. Workplace burns in Alabama are typically covered by workers’ compensation, which provides no-fault medical and wage benefits. You may also have third-party claims against equipment manufacturers, contractors, or other non-employer parties.
What is the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD)?
Alabama Extended Manufacturer’s Liability Doctrine (AEMLD) is the state’s framework for product liability claims. It allows injured parties to sue manufacturers of defective products. Claims under the AEMLD have a 1-year statute of limitations from the date of injury. There is a 10-year statute of repose from when the product was first sold.
Do I need a lawyer for a burn injury lawsuit in Alabama?
Burn cases are complicated because they rely on medical evidence and must fight Alabama’s harsh contributory negligence rules. An experienced burn injury attorney preserves evidence, identifies responsible parties, and works with medical experts.
Trust Our Alabama Burn Injury Attorneys Today
Burn injury claims in Alabama require quick action and experienced advocacy. Our Birmingham-based trial team has handled catastrophic burn cases across Alabama for more than 20 years. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-06-29.
