Losing someone you love is one of the most painful experiences anyone can go through. And losing that person because of someone else’s negligence can make the pain even worse.
If a loved one is killed due to another person’s negligence, the family is suddenly thrust into a complicated legal battle for justice in addition to dealing with their grief. One of the most misunderstood and challenging aspects of this process is the part about emotional distress wrongful death claims.
Understanding how this system works and what families are really entitled to is often shrouded in mystery. And very few people have a clear idea about what to expect when they pursue emotional distress damages as part of their case.
Here’s the deal…
Emotional distress wrongful death claims are some of the most complicated aspects of these cases. Families are often left wondering exactly what is available to them and how the process really works.
Let’s get right to it.
Table of Contents
What Is Emotional Distress in a Wrongful Death Case?
Emotional distress describes the psychological and emotional pain that a surviving family member experiences after the death of a loved one caused by another person’s negligence.
This can include conditions like anxiety, depression, PTSD, and severe grief.
The key is that the emotional and mental suffering must be demonstrably more than a typical grieving process and must have a significant, negative impact on the survivor’s life.
Courts calculate emotional distress in Arkansas wrongful death cases by looking at several factors. These include the relationship between the surviving family member and the deceased, how the death occurred, and the long-term psychological effects that the death has had on the survivor.
One additional thing to note…
Damages for emotional distress are classified as “non-economic damages.” These are losses that don’t have a clear market value like medical bills or funeral costs. This makes it harder to quantify the value of these types of damages and thus often makes these types of damages harder to recover in wrongful death cases.
Why Emotional Distress Claims Are So Important
The statistics are a sobering wake-up call.
According to CDC mortality data, unintentional injuries killed 222,698 people in 2023 alone. These injuries are the third leading cause of death in the United States.
Behind each of those statistics is a grieving family who lost their loved one far too soon.
The loss of a loved one is always a shattering blow. Work, relationships, and even daily tasks like bathing and cooking can all suffer. A large majority of these deaths are preventable.
When a death is caused by negligence, the loss can create an overwhelming sense of injustice. Grief is compounded by anger, stress, and worry about funeral costs and other expenses.
Emotional distress damages for wrongful death are a way to provide the family members left behind with compensation for the psychological trauma that the death has caused.
Pretty important, right?
Who Can File for Emotional Distress Damages?
Not everyone can file for these damages. State law determines who has standing to file a wrongful death claim.
In most states, the following individuals may be able to seek compensation:
- Spouses who lost their partner
- Children who lost a parent
- Parents who lost a child
- Siblings (in some jurisdictions)
The closer the relationship to the deceased, the stronger the potential claim becomes. Spouses and children generally have the best chance of recovering damages for their emotional pain and suffering.
However, most people are unaware…
State laws vary significantly on these issues. Some states have expanded their wrongful death laws to allow broad recovery for emotional distress while others still limit what families can claim. The American Bar Association recently reported that a number of states have broadened their wrongful death statutes over the past decade.
Many now specifically allow the recovery of damages for emotional distress, grief, loss of companionship, and loss of enjoyment of life.
These legal changes represent a growing recognition of the real harm that wrongful death inflicts on family members.
The Evidence That Wins These Cases
It’s not enough to say that you are emotionally distressed.
Courts need proof. They need to see documented evidence that the surviving family members are suffering severe mental anguish.
These are some of the most convincing types of evidence to present:
- Medical records showing diagnosis of mental health conditions like PTSD, anxiety, or depression
- Notes from therapists or counselors showing treatment and progress
- Testimony from mental health experts
- Witness statements from friends and family members who can attest to behavior changes
- Personal journals kept by the surviving family member
Evidence is king. Cases that present documented proof of the emotional and psychological toll of the death on family members have the best chance of success.
Common Challenges Families Face
It’s not easy…
Insurance companies and defense lawyers know that emotional distress claims can be hard to quantify. This makes them a tempting target for minimizing or disputing.
Opposing counsel and insurers will frequently argue that emotional trauma is subjective and not as “real” as a broken bone that can be seen on an X-ray.
The hurdles families can face include:
- Caps on non-economic damages in many states that limit the amount that can be recovered
- The burden of proof necessary to show emotional distress is more than the normal grieving process
- Statutes of limitations time limits that vary by state
Going through the legal process also rehashes the trauma and can take a further emotional toll on the family.
How State Laws Affect Your Case
This is more important than most people realize.
States have different wrongful death statutes and these laws change. The laws and procedures regarding who can file, what damages are available, and the statute of limitations all vary.
Understanding your state’s specific rules becomes critical. A claim that would succeed in one state may fail in another due to different laws.
Working with a lawyer who knows your state’s wrongful death statutes becomes invaluable.
Taking the First Steps
Navigating wrongful death legal claims while in mourning is daunting.
Acting quickly is critical but also seems impossible when you just want to disappear into bed and never come out.
You have to take action in these cases or risk missing critical deadlines. The emotional pain won’t magically go away if you file a lawsuit. But the legal process is one way to seek closure and financial support to help with recovery.
Things to keep in mind:
- Get grief counseling as soon as possible and keep records of treatment
- Document and preserve all records of the deceased
- Consult a wrongful death attorney early
- Know your state’s specific wrongful death laws
Pulling It All Together
Emotional distress wrongful death claims allow family members to find some measure of justice after losing a loved one. This legal avenue can offer a modicum of financial support as you recover and rebuild.
Evidence and expert testimony are the keys to success with these cases.
Damages for emotional pain are real, measurable harm caused by wrongful death. Compensation for the non-economic losses from your loved one’s death is not a substitute for the loss.
No amount of money will ever replace your loved one.
But pursuing justice in a wrongful death case can offer the closure and accountability that grieving families deserve.