What Parents and Caregivers Should Know About Their Child’s Legal Rights After a Burn Injury
Written by Matt Cunningham, Josh Gropper and Eric Hageman on May 22, 2026
When a child has a burn injury, families focus on healing—helping with medical recovery, emotional support, returning to school, and moving forward after trauma. But there is also an important legal side to consider. Acting quickly can help protect your child’s legal rights and make sure they have access to justice and compensation if the injury was caused by someone else’s negligence.
Families do not have to face this process alone. The Phoenix Society Legal Referral Line connects burn survivors and their loved ones with attorneys who have experience handling burn injury related cases. These attorneys can answer your questions and help you find out if your child has a case.
Why Legal Rights Matter for Young Survivors
A serious burn injury can have lifelong effects and often requires extensive care to address both physical and emotional impacts. Infants, children, and teens who survive burn injuries face challenges that extend far beyond initial healing. Because children are still growing, they may need long-term medical care, ongoing surgeries, and support for issues like body image or bullying as they get older. When a burn injury is caused by another person’s or company’s wrongdoing, those responsible should be held accountable and required to provide compensation for the child’s injuries and damages.
A minor cannot file a lawsuit on their own. Parents or legal guardians must take legal action on behalf of their child. In many states, the time limit for filing a claim on behalf of a minor often does not start until they turn 18-years-old. This is because of a rule called “tolling,” which pauses the statute of limitations and gives children more time to seek justice.
However, this extra time does not mean families should wait. Talking to a lawyer early helps preserve critical evidence, shows which claims are possible, and helps families make informed decisions to protect the legal interests of their child. Choosing a lawyer who is experienced in handling burn related cases and understands the impact of burn injuries on a child can make a real difference.
When a child experiences a serious burn injury, many states allow parents to also file a claim called loss of consortium. This claim applies when the injury changes the parent-child relationship. Where before the parent(s) were going to sports, outings, or school events, parents often become their child's main caregiver.
Taking legal action is not just about your own child’s future. In many cases, it can also help prevent similar injuries from happening to other children. When companies, product manufacturers, utilities, schools, landlords, or caregivers are held accountable, it can lead to safer products, stronger safety policies, and better supervision. Many families find that pursuing legal action becomes part of their advocacy, using their child’s experience to help protect others in the burn survivor community.
Types of Legal Rights and Claims
If someone else’s negligence or wrongdoing caused your child’s burn injury, there may be several legal options available.
Personal Injury Claims: If a child’s burn injury was caused by unsafe conditions—like poor supervision at daycare, a defective product, a landlord’s failure to comply with fire codes, a gas company’s negligence, or other wrongful conduct—families should consider making an inquiry as to whether a viable personal injury claim exists. These claims can help pay for immediate treatment and long-term recovery.
Product Liability: If a defective or dangerous product causes a burn injury—such as a defective gas can, children’s toy, faulty water heater, or a poorly designed appliance—families may have a claim against the manufacturer and distributor. In these cases, you do not have to prove negligence, just that the product failed to perform as a reasonable consumer would expect.
Negligence and Failure to Supervise: When adults are responsible for a child’s safety, like at school or daycare, not taking proper precautions can lead to legal action. Another example is when a landlord fails to comply with applicable fire and life safety codes. To prove negligence, you must show that there was a duty to keep the child reasonably safe, that this duty was not met, and that this failure caused the injury.
What Compensation May Cover
If a legal claim is successful, compensation can help support your child’s future by covering both immediate medical bills as well as future medical, psychological, educational, and vocational expenses.
Medical and Rehabilitation Costs: This includes surgeries, physical therapy, occupational therapy, and any future medical procedures.
Psychological Support: Compensation can help pay for counseling and mental health resources for trauma, anxiety, and social reintegration.
Future Needs and Lost Opportunities: Compensation can be set up to cover educational support, adaptive equipment, and other needs your child may have as they grow.
Pain and Suffering: This covers the physical and emotional impact that burn injuries can have on your child.
Loss of Enjoyment of Life: This arises where the injury is serious enough that it prevents your child from engaging in the activities and pursuits they enjoyed prior to their injury.
Where compensation is obtained for any child under age 18, a Conservatorship must be established with the local probate court. The judge will need to approve any settlement for the minor, including attorney’s fees, costs, and how the money is distributed. In many cases, compensation for children is put into a protected account or structured annuity. This helps make sure the money is used wisely and benefits the child throughout their lifetime.
Working With an Experienced Burn Injury Lawyer
Choosing the right attorney means more than just finding someone who handles personal injury cases. Burn cases involving children need experienced lawyers who understand the medical, scientific, and long-term impact of burn injuries, and how to properly prepare the child’s case.
Experienced burn injury lawyers offer:
In-Depth Investigation: They employ experts who will gather the critical evidence, analyze what caused the injury, as well as how it happened.
Comprehensive Medical Assessment: They will work with the child’s doctors and employ a life care planner to determine their future care needs and costs.
Compassionate Advocacy: They work closely with families and guide them through each step of the legal process.
Strategic Counsel: They will properly prepare the child’s case so that it has the greatest opportunity for success and will help the family decide whether to settle or go to trial.
Holistic Support: They connect families with medical and emotional support resources while also fighting for the child’s legal rights.
Why Early Legal Consultation Matters
A strong child injury case depends on conducting an early investigation and preserving key evidence from the start. The lawyers available through Phoenix Society’s Legal Referral Line have agreed to conduct such an investigation at no cost to your family.
Even though some legal protections last until a child turns 18, it is important to talk to an experienced burn injury lawyer as soon as possible for several reasons:
It becomes harder to preserve important evidence as time goes by.
Witness’ memories fade with time, and it is important to gather statements early on.
Insurance companies will likely challenge your claim if you do not have the protection of a lawyer.
Families should know their options and whether their child has a viable claim so they can protect their legal interests.
Phoenix Society’s Legal Referral Line is here to help families understand their rights and find the legal support they need from lawyers who are experienced in handling burn related cases. If you are not sure whether your injured child has a viable claim, please contact the Phoenix Society Legal Referral Line to speak with an experienced burn injury attorney who can give you answers, guidance, and peace of mind.
Matt Cunningham is a trial attorney with over 25 years of experience representing burn survivors and their families. He is the owner and President of the Cunningham Law Firm which is recognized as one of the nation’s leading burn injury law firms. Their skill in handling burn related cases is matched by their generosity in supporting the work of the Phoenix Society and other burn related nonprofits. Over the past 25 years, they have donated several million dollars to assist organizations helping burn survivors, their families and for prevention programs. Matt has been the recipient of the Phoenix Society’s Harman Award and Arizona Burn Foundation’s Legacy Award for his generosity and commitment to the burn community.
Joshua Gropper is the founder and managing partner of Gropper & Nejat, PLLC. Nationwide, clients turn to Josh for his skilled advocacy and compassionate approach in the aftermath of serious injury. For more than 30 years, he has guided individuals and families through some of the most challenging times in their lives, working relentlessly to secure justice and meaningful compensation. His commitment to this work is deeply personal: while in law school, his younger brother survived a house fire resulting in extremely severe burns and amputations. Witnessing his brother’s recovery inspired Josh’s dedication to helping others. A Super Lawyer for many years, Josh has partnered with Phoenix Society for more than three decades, serving as a peer supporter, Phoenix SOAR coordinator, and speaker/presenter at Phoenix World Burn Congresses.
Eric Hageman is the Managing Partner of Pritzker Hageman, a national law firm representing burn survivors in fire and explosion cases across the country. He has handled fire and explosion cases in more than twenty states, bringing site inspections, expert coordination, and rigorous discovery to each case. Eric works alongside cause-and-origin specialists, metallurgists, and burn medicine experts to build cases that stand up in court and at the negotiating table. Over three decades of practice, Eric has secured landmark recoveries for people with life-altering burn injuries, recovering hundreds of millions of dollars for clients and prompting safety improvements and accountability from Fortune 500 companies.
Disclaimer: The stories featured on this website are personal accounts shared by individuals from the burn community. Each burn injury, recovery journey, and healing process is unique. These stories are meant to offer connection, insight, and hope but are not intended as medical advice. What worked for one person may not be appropriate for others. The perspectives shared in these stories do not necessarily represent the views of Phoenix Society for Burn Survivors. If you have medical questions or concerns, please consult a qualified healthcare professional.