Can I Sue for Emotional Distress If a Family Member Dies?

By Chris Dixon


The sudden loss of a family member can be devastating. If emotional distress from losing a family member is left ignored and unattended, it can affect various aspects of a person’s life and make it difficult to grieve the loss of the victim. Suing for emotional distress after a family member dies can obtain justice for your family member’s harm and losses caused by a negligent party and provide financial relief and support during this difficult time for you and your family.

What is Emotional Distress?

Nothing is more difficult than unexpectedly losing a family member. The aftermath of a victim’s sudden death can cause surviving family members to suffer from a loss of income, loss of consortium, and other forms of emotional distress. During this devastating time, it’s generally unwise to file a claim against a negligent party without the help of a lawyer. An experienced lawyer can protect you from the other party’s insurance company, make sure that you understand the value of your case, and ensure that you won’t receive a lower settlement than your case deserves. If your family member has recently died and you are having a difficult time coming to terms with their death, an experienced lawyer can help you sue the negligent party in the accident for the maximum amount of damages.

How Can I Prove Emotional Distress If a Family Member Dies?

If you have lost a family member in an unexpected accident and want to sue the negligent party responsible for your immediate relative’s death, you should consult a wrongful death lawyer and get advice on how to proceed with your case. Emotional distress is typically proven by speaking with a licensed medical professional, defining emotional distress damages that family members have suffered because of the victim’s wrongful death, and submitting a valid wrongful death claim against the negligent party.

What Damages Can I Recover for Emotional Distress If a Family Member Dies?

When someone else’s carelessness is responsible for your family member’s wrongful death and the distress that surviving family members have endured, in most states, the negligent party is required to compensate the victim’s immediate family for harm and losses from the accident. Many different types of damages can be awarded in a wrongful death settlement, but typically, the most common damages that are recovered by suing for emotional distress after a family member dies include:

  • Compensation for medical expenses that the victim faced before their sudden death
  • Reimbursement for property damage that occurred in the fatal accident
  • Reimbursement for pain and suffering that the victim and their family faced, plus reimbursement for therapy and other out-of-pocket expenses that stemmed from the victim’s death
  • The sudden loss of a family member can often cause a loss of income or other unexpected hardships that contribute to the emotional distress of surviving family members and make it more difficult to properly grieve such a tremendous loss

The process of suing a negligent party for a family member’s death and recovering adequate compensation for their fatal injuries can be challenging and difficult to pursue without the help of a wrongful death lawyer. An experienced lawyer can alleviate the stress of negotiating with the negligent party’s insurance company, offer relief knowing that someone is on your side that has your case’s best interests at heart, and ensure that the victim’s case is protected and has the highest chances of recovering compensation from the negligent party.

Talk to a Wrongful Death Lawyer Today

If a family member has died because of someone else’s negligence and you are ready to file a suit and get justice for their wrongful death, it’s essential to have a lawyer help you file a claim on behalf of the victim. A lawyer can quickly determine your eligibility to file a wrongful death claim, figure out what damages you could be entitled to recover for your emotional distress, and help you sue the negligent party for the maximum amount of compensation.

If you have recently lost an immediate family member because of someone else’s carelessness and are experiencing emotional distress as a result, contact the Dixon Injury Firm today to discuss your case with our experienced attorneys. Our Wrongful Death Lawyers understand how hard it can be to lose a family member and are committed to doing everything in their power to recover the most compensation for emotional distress that stemmed from your family member’s wrongful death.

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