(Newswire.net — July 20, 2020) — Losing a loved one unexpectedly can take a significant toll on one’s ability to cope with life. The death of a loved one causes plenty of emotional distress. If you decide to file a wrongful death lawsuit, you choose to hold the responsible party accountable for emotional damages.
There are several examples of compensable emotional suffering caused by wrongful death. They include the following:
- A surviving spouse can file for a wrongful death lawsuit after the loss of their partner. The living spouse may suffer from depression, anxiety or even post-traumatic stress disorder following the death of their partner.
- The wife or husband may get compensated for their emotional distress, usually called loss of consortium. Loss of consortium means that the living spouse has lost the companionship of their partner.
- Children may suffer emotional trauma from losing a parent. For this reason, the children need to collect compensation for loss of support, guidance and growing up without a parent.
- Parents of a minor child can also collect damages for their emotional distress following their loss. Parents of adult children, however, usually have a hard time getting compensated.
Collecting Damages for Emotional Trauma
In a wrongful death lawsuit, emotional distress is typically referred to as pain and suffering. The family is entitled to collect compensation for the emotional distress they’ve had to endure due to the loss of a loved one.
To be able to collect damages for emotional anguish, you’ll need to prove the following:
- Your emotional trauma is ongoing.
- Your emotional pain is directly linked to the wrongful death of your loved one.
- The emotional distress is significant.
- Prove that the other party was negligent.
You should also ensure that you file the claim within the statute of limitations within your state, which is usually within two years from the date of death. While there are some exceptions to the statute of limitations, it is always important to file your claim as early as you can to strengthen your claim.
Emotional anguish is typically placed under non-economic damages. This means that there are no bills that can be used to determine how much a family should be compensated for their mental and emotional distress.
However, if any of the affected parties suffering from depression or anxiety and post-traumatic disorder seek professional psychological treatment, bills from such treatment can be used to reimburse the member in addition to other awards for their mental anguish.
Why You Should Hire a Knowledgeable Wrongful Death Lawyer
Insurance companies will try to avoid paying out their clients. If they have to pay, they may try to offer them as little as possible. For emotional trauma, the insurance companies may try to invalidate the claim to avoid compensating the affected individuals altogether.
This is why you should have a knowledgeable wrongful death lawyer in your corner. The lawyer understands the law and is aware of the emotional impacts of losing a loved one. They also understand how crucial it is to build a strong case to help you get fairly compensated for your emotional distress.
You also need to be aware of the comparative fault law, which states that the total compensation can get reduced if both parties are found to be partially at fault. This is usually witnessed in the case of car accidents where the accident’s responsibility sometimes rests partly on both parties involved.
While no amount of money can take away the pain of losing someone or a loved one, it is still well within your rights to get compensated for the pain you’ve endured due to the loss of a loved one.