Emotional Distress in Wrongful Death Claims: Can Family Members Sue?

Emotional Distress in Wrongful Death Claims: Can Family Members Sue?

• Mar 28, 2025
• Admin

Losing a loved one due to someone else’s negligence is heartbreaking. The grief and pain can feel unbearable, leaving family members struggling to cope. But can they take legal action for the emotional distress they suffer? In some cases, the law allows family members to seek compensation for their mental and emotional suffering.

A wrongful death lawsuit lawyer can help families understand their rights and determine if they can file a claim. Emotional distress claims can be complex, so it’s important to know how they work.

What Is Emotional Distress in a Wrongful Death Case?

Emotional distress refers to the mental suffering a person experiences after a traumatic event. In wrongful death cases, family members may develop conditions like anxiety, depression, or post-traumatic stress disorder (PTSD).

There are two types of emotional distress claims:

Intentional Infliction of Emotional Distress (IIED) – When someone’s extreme or reckless behavior causes severe mental suffering.

Negligent Infliction of Emotional Distress (NIED) – When emotional harm results from someone’s carelessness or reckless actions.

Not all states allow emotional distress claims in wrongful death cases. Some have strict rules on who can sue, while others limit the type of damages that can be recovered. A wrongful death lawsuit lawyer can provide guidance based on state laws.

Who Can Sue for Emotional Distress?

The right to sue for emotional distress depends on state laws. In many cases, the following people may be able to file a claim:

Spouses – A husband or wife who suffers deep emotional pain due to the loss.

Children – If a parent dies because of negligence, children may seek compensation for their emotional suffering.

Parents – The loss of a child can cause lasting emotional trauma, and some states allow parents to sue.

Siblings or Other Relatives – Some states may allow close family members, like siblings, to file claims, but this is less common.

Emotional distress claims usually require proof that the suffering is severe and directly linked to the wrongful death. Therapy records, medical evaluations, and witness statements can help support the case.

How Do Courts Decide Emotional Distress Claims?

Courts look at several factors when deciding whether to award damages for emotional distress in a wrongful death lawsuit:

Witnessing the Event

Family members who saw the accident or death happen have a stronger case than those who learned about it later.

Close Relationship to the Deceased

The closer the relationship, the stronger the claim. Spouses, children, and parents usually have a better chance of receiving compensation.

Severity of Emotional Distress

The suffering must go beyond normal grief. Medical records showing conditions like PTSD or depression can help prove the claim.

Evidence of Mental and Emotional Impact

Therapist notes, medical reports, and testimonies from family and friends can show how the death has affected daily life.

Challenges in Proving Emotional Distress

Emotional distress is harder to prove than physical injuries. Since it’s not visible, insurance companies and defense lawyers may try to deny or downplay the suffering. Common challenges include:

Emotional distress is subjective – Unlike medical bills, it doesn’t have a clear dollar value.

Symptoms may appear later – The full impact of emotional distress can take months or years to develop.

Defense arguments – The defendant may claim the distress was not caused by the wrongful death or was pre-existing.

An injury lawsuit lawyer can help build a strong case by gathering medical records, expert opinions, and witness statements.

What Compensation Can Be Awarded?

Emotional distress damages are considered non-economic damages in a wrongful death lawsuit. This means they compensate for suffering rather than financial losses.

Possible compensation may include:

Therapy and counseling costs – For psychological treatment related to the trauma.

Loss of companionship – For the pain of losing a close family member.

Pain and suffering – For ongoing mental health struggles like anxiety or depression.

The amount awarded depends on the severity of emotional distress and the strength of the evidence.

Steps to Take If You Want to Sue for Emotional Distress

If you are considering a lawsuit for emotional distress in a wrongful death case, follow these steps:

Consult a Lawyer – A wrongful death lawsuit lawyer can assess your case, explain your rights, and determine the best legal strategy.

Gather Evidence – Strong documentation is crucial. Keep records of therapy sessions, medical evaluations, and written testimonies from family, friends, or professionals who can verify your suffering.

File Within the Deadline – Every state has a statute of limitations for wrongful death claims. Failing to file within this timeframe can result in losing your right to seek compensation.

Prepare for Legal Challenges – Defense attorneys may argue that your emotional distress is unrelated or exaggerated. A well-documented case and legal representation can help counter these claims.

Taking the right legal steps can improve your chances of receiving fair compensation for the emotional impact of losing a loved one.

In Conclusion

Losing a loved one due to negligence is heartbreaking, and seeking justice can feel overwhelming. Bendell Law Firm, PLLC understands the emotional and legal challenges families face in wrongful death cases. Attorney Jim Bendell, with decades of courtroom experience, provides strong legal support to help families pursue rightful compensation. Whether you’re dealing with emotional distress claims or other wrongful death damages, he is here to guide you every step of the way.

You don’t have to navigate this alone. Let us fight for the justice and financial recovery you deserve. Contact Bendell Law Firm, PLLC today for a free consultation—because your family’s rights matter. Call now or visit bendelllawfirm.com.