Burn Victims and Emotional Trauma

Burn injuries are like no other. These injuries are among the most painful and traumatic experiences a person can endure. Beyond the physical damage, burn victims often suffer from long-lasting emotional harm. These victims are susceptible to anxiety, depression, post-traumatic stress disorder (PTSD), and social isolation, all of which can severely impact their quality of life.

California law allows victims to seek compensation for both physical injuries and emotional trauma. Burn victims can claim medical care, rehabilitation, therapy, and emotional distress caused by the injury, which helps ensure they receive the full support they need.

Burn injuries don’t only scar the body; they can also leave invisible wounds that are just as devastating. True healing comes with the acknowledgement that emotional injuries frequently accompany burn injuries. Legal remedies in California strive to help victims heal internally and externally.

Psychological effects of burn injuries

Survivors of burn injuries may face a range of health challenges caused by the trauma of the accident, their recovery, or both. Whether symptoms appear immediately or emerge over time, they can significantly impact a person’s ability to function on a day-to-day basis.

PTSD and anxiety disorders

Many burn injury victims develop PTSD because of their injuries. Flashbacks, nightmares, panic attacks, and intrusive thoughts that won’t go away are all common symptoms. PTSD might present itself after the injury or manifest over a period of months. In either case, PTSD usually requires psychological treatment.

In addition to PTSD, burn victims may also struggle with other disorders like generalized anxiety disorder (GAD) or panic disorder. Phobias can emerge after the injury, especially when there is fire, heat, or an environment that even slightly resembles where the injury happened.

Depression and social withdrawal

It might take longer than expected to heal from a burn injury. The road to recovery can be daunting and lonely. Problems like discomfort, pain, disfigurement, and mobility issues can lead to depression. Depressed burn victims may feel hopeless and unmotivated. The weight of this emotional burden can be made worse by not wanting to be around people or by being ashamed of scarring or visible injuries.

Some burn victims have trouble returning to their jobs, maintaining relationships with family and friends, or participating in their communities. The level of social separation endured by victims diminishes their quality of life, which supports the importance of recognizing emotional trauma as a critical component of a personal injury claim.

Pain and suffering in California personal injury claims

Under California law, burn injury victims can recover damages for pain and suffering, which includes physical discomfort and emotional distress. These non-economic damages differ from quantifiable damages, such as medical bills, lost wages, or property damage.

What qualifies as emotional trauma?

There are several types of emotional trauma. California recognizes the following as emotional trauma as a basis for compensation:

• Mental suffering and anguish
• Fear, anxiety, PTSD, or associated disorders
• Loss of enjoyment of life
• Embarrassment and humiliation
• Shock and grief

Victims may suffer from one or many of these traumas. For instance, consider a person who suffered severe facial burns after their car caught on fire after an accident. This person may now be ashamed of their appearance, have nightmares about the incident, and be fearful of driving or riding in a car. California legally recognizes all of these emotional impacts as pain and suffering.

How are damages calculated in personal injury cases?

Non-economic damages are not as clear-cut as economic damages. There is no simple calculation for the true cost of emotional trauma. At trial and during insurance negotiations, certain factors influence the assessment of injuries:

• Severity and permanence;
• Impact on everyday life and relationships;
• Testimony, evaluations, and reports from mental health experts; and
• Therapy and counseling records.

The importance of documentation

Non-economic damages don’t come with a price tag. Consequently, it’s critically important to document your psychological condition. A strong claim for emotional trauma includes an accounting of how you’re feeling, but also documentation and evidence to support your case.

Seek professional help early

For the sake of both your mental health and legal claim, the sooner you seek and begin treatment for your psychological symptoms, the better. Mental health records, medication history, and notes from therapy or counseling are all relevant evidence. In documenting your emotional trauma at the outset of your recovery and treatment, you can help create a link between your injury and your mental health challenges.

Keep a personal journal

Writing about your daily struggles can highlight the impact of your injuries. Your entries may illustrate how your burn injury impacts your sleep, interactions with other people, mood, or ability to perform ordinary tasks. Journal entries can also help identify issues, such as recurring triggers and symptoms, that might otherwise be overlooked by a psychologist or psychiatrist in a clinical setting.

Rely on expert evaluations

Experts like psychiatrists, psychologists, and trauma specialists can provide analyses of your mental and emotional states. In helping juries and insurance adjusters alike truly understand the extent and long-term impact of your injuries, these medical professionals can offer compelling testimony on your behalf.

Emotional trauma can increase your compensation

Burn injury settlements and verdicts in favor of burn injury victims are often higher when emotional trauma is present. Courts and insurers understand that burn injury victims suffer considerably beyond the physical pain. As such, they can award substantial non-economic damages to reflect that pain and suffering.

For example, someone who suffered third-degree burns may receive greater compensation if they’re also diagnosed with PTSD or unable to return to work because of psychological barriers. Even if physical injuries heal, a plaintiff may still recover noneconomic damages for proven ongoing mental suffering or loss of enjoyment—the amount is evidence-driven and decided by the jury.

No statutory limit on compensation in California

Under California law, there is no cap on non-economic damages in most personal injury cases. A well-prepared emotional trauma claim can meaningfully increase your compensation.

Why do you need an experienced burn injury lawyer?

Burn injury cases are complicated. Burn injury cases involving emotional trauma are even more complex and require legal counsel familiar with the physical, medical, and psychological aspects of these claims. At McNicholas & McNicholas, we make compelling cases by:

• Investigating the full extent of injuries
• Collecting documentation and evidence
• Identifying and working with expert witnesses

Your anguish is real, so let us help you get justice

Burn injury victims deserve compensation for their physical wounds and their emotional wounds, too. If you or someone you care about is in pain, especially mentally and emotionally, or after a burn injury, schedule a consultation with us today.

Our team of California-licensed attorneys understands the profound impact these injuries can have on people. McNicholas & McNicholas wants to help you understand your rights and your options for financial recovery.