Losing a loved one is painful, and when that loss is due to the negligence of someone else, the grief is doubled.
In such cases, family members may want to know if they have the legal right to seek compensation for their emotional distress. That is where wrongful death lawsuits come in. A wrongful death claim is a civil lawsuit that allows the surviving family members to seek compensation for the death of their loved one caused by someone else’s actions.
Attorneys specializing in wrongful death cases can help families navigate the complex legal process.
What is Emotional Distress in the Context of Wrongful Death?
Emotional distress refers to the mental anguish and suffering that individuals experience due to a traumatic event like the unexpected death of a loved one.
In wrongful death cases, surviving family members may experience depression, anxiety, grief, and other forms of emotional suffering due to the loss of their loved one.
The legal system says that the loss of a family member is a source of extreme emotional suffering. So, they have the right to claim for emotional suffering.
But before that, you should know the difference between the various damages available in such cases.
Types of Damages in Wrongful Death Claims
Wrongful death claims typically involve two main types of damages.
- Economic Damages: These include tangible financial losses, such as funeral costs, medical bills, and loss of income.
- Non-economic Damages: These include compensation for intangible losses, such as the pain and suffering the surviving family members endured. Non-economic damages also cover emotional distress and loss of consortium.
Can Family Members Sue for Emotional Distress?
In most states, family members can seek damages for emotional distress in a wrongful death lawsuit, but there are certain legal hurdles they must overcome.
Here are a few essential factors to consider.
Eligibility of Family Members
Only certain family members can claim emotional distress. Typically, immediate family members such as spouses, children, and parents of a deceased person are eligible to seek damages.
Extended family members, such as cousins or grandparents, usually do not have the legal standing to file a wrongful death claim.
Proof of Emotional Distress
To claim damages for emotional distress, family members must prove the emotional impact of the death. It can include presenting evidence of depression, anxiety, grief, and other mental health effects.
Family members might also be required to undergo psychological evaluations or provide testimony from counselors or therapists.
State Laws
Every state has its laws regarding wrongful death claims and emotional distress. In some states, emotional distress damages are more readily awarded; in others, they may be harder to obtain. Family members need to consult an attorney who understands the complexities of state-specific laws and can help determine the likelihood of recovering emotional distress damages.
Intentional or Negligent Conduct
In some cases, emotional distress damages may be more easily awarded if the defendant’s conduct is obvious or intentional.
For instance, if the wrongful death was caused by intentional misconduct, such as assault or careless behavior, family members might have a stronger case for emotional distress compensation.
On the other hand, if the death resulted from an accident or negligence, emotional distress claims may be more challenging to prove.
Conclusion
Not all family members can claim damages for emotional distress. If you are a family member who has lost a loved one due to another party’s wrongful actions, consult a wrongful death attorney. They can guide you through the legal process, help you understand your rights and eligibility, and maximize your chances of receiving fair compensation for your emotional distress.