Wrongful Death Lawyer Green Tree

Losing a loved one due to someone else’s negligence is an incredibly difficult experience. If you’re facing a wrongful death claim in Green Tree, Porta-Clark & Ward are here to help you navigate this challenging time. Our compassionate wrongful death lawyers will fight to get you the justice and compensation you deserve. Reach out to us at (412) 921-7350 for a free consultation.

Can You Seek Compensation for Emotional Distress in a Wrongful Death Lawsuit in Pennsylvania?

Losing a loved one is one of the most difficult experiences anyone can go through. When the loss is caused by someone else’s negligence or intentional actions, the emotional pain can be even more intense. In cases of wrongful death, family members often struggle with not only the loss but also the overwhelming emotional distress that comes with it.

One question that often arises in wrongful death cases is whether family members can seek compensation for the emotional distress they suffer due to the loss. While it’s clear that financial damages can be pursued for things like medical bills, funeral expenses, and lost income, what about the emotional toll?

Understanding Emotional Distress in a Wrongful Death Case

Emotional distress refers to the pain, suffering, and mental anguish a person experiences as a result of a traumatic event. In the context of wrongful death, the survivors—often close family members—suffer from grief, anxiety, depression, and other emotional burdens after losing a loved one in an accident or through someone else’s actions.

The emotional effects of a wrongful death are deep, and they can have lasting impacts on a family’s well-being. Emotional distress can manifest in many ways, including:

Anxiety or panic attacks
Depression
Insomnia or changes in sleep patterns
Post-traumatic stress disorder (PTSD)
Feelings of hopelessness or helplessness
Strained relationships with other family members

While emotional distress is real and serious, the legal system typically awards damages for it only under certain conditions. In Pennsylvania, as in most states, emotional distress is not automatically compensable in every wrongful death case. There are specific legal criteria and circumstances that must be met for the survivors to seek compensation for the emotional toll caused by the death.

Can You File for Emotional Distress in Pennsylvania Wrongful Death Cases?

In Pennsylvania, the primary focus of a wrongful death lawsuit is compensating the family for financial losses caused by the death. This includes:

Funeral and burial expenses
Medical bills related to the accident or injury that led to the death
Loss of income or support that the deceased would have provided to the family
Loss of services that the deceased would have contributed to the household

However, emotional distress is not typically included in the list of damages in a standard wrongful death lawsuit. The reason for this is that the law aims to compensate for economic losses rather than the pain and suffering that result from the loss of a loved one. Despite this, there may be situations where emotional distress damages can be pursued.

When Can You Seek Emotional Distress Damages in a Wrongful Death Case?

While emotional distress is generally not part of a wrongful death claim, there are some exceptions in Pennsylvania law that allow for compensation. One of the key exceptions involves claims for “loss of consortium” or “loss of companionship.” These claims are based on the emotional and relational impact of the wrongful death.

Loss of Consortium: Loss of consortium refers to the loss of companionship, love, affection, and other aspects of a relationship that were provided by the deceased. This claim is often filed by the surviving spouse, but it can also apply to children, parents, or other close family members. The idea behind this claim is that the family member’s emotional well-being has been damaged by the loss of the relationship and the support that the deceased provided.
Nerve Shock or Intentional Infliction of Emotional Distress: In rare cases, a wrongful death claim might also involve a separate claim for intentional infliction of emotional distress (IIED). If the conduct that caused the death was outrageous or extreme, such as in cases of severe negligence, harassment, or even murder, it may be possible to claim that the survivors have suffered emotional distress due to the actions leading to the death.

How Is Emotional Distress Proven in a Wrongful Death Case?

If you are seeking emotional distress damages in a wrongful death lawsuit, it’s essential to prove that you have indeed suffered as a result of the death. In Pennsylvania, emotional distress must be backed by evidence. Unlike economic damages, which are quantifiable (like medical bills or lost wages), emotional distress is subjective. That means it can be more difficult to establish in court, but it’s not impossible.

Here are some ways that emotional distress can be proven in a wrongful death case:

Testimony from the Survivors: Family members can provide testimony about how the loss has affected their lives. This includes describing emotional pain, mental anguish, and changes in behavior or quality of life. The court may listen to how the surviving family member’s day-to-day life has been disrupted or how they’ve been emotionally affected by the death.
Medical Records or Psychological Evaluations: If the surviving family member sought counseling, therapy, or other forms of mental health treatment after the wrongful death, medical records can serve as evidence of emotional distress. These records may include diagnoses for conditions such as depression, anxiety, or PTSD, which can help establish that the emotional impact is severe and ongoing.
Witness Testimony: In some cases, other individuals (such as friends or coworkers) who were close to the decedent or the family may testify about the changes they have observed in the survivors’ emotional state since the death. These testimonies can help support claims of emotional distress.

What Are the Challenges in Pursuing Emotional Distress Damages?

There are significant challenges to pursuing emotional distress damages in a wrongful death lawsuit. First, Pennsylvania’s legal system limits how much non-economic damage can be awarded in many personal injury cases, including wrongful death claims. Additionally, emotional distress claims require detailed evidence, which can be difficult to collect.

Another challenge is that the emotional distress must be directly tied to the wrongful death itself. The courts do not award damages for general grief; rather, they require proof of a measurable psychological impact caused by the defendant’s actions. This is a high standard to meet, and many wrongful death cases will not include emotional distress as a component of the damages.

How Can an Attorney Help?

If you believe you are entitled to emotional distress damages in a wrongful death case, it’s important to consult with an experienced personal injury attorney. An attorney who has experience in wrongful death cases can help you understand whether your case qualifies for such damages, gather the necessary evidence, and advocate for your rights in court.

A lawyer can also help you explore all possible avenues for compensation, including loss of consortium, emotional distress, and other related claims. They can assist with negotiating settlements or preparing for trial, ensuring that you pursue all potential avenues for recovery.

A Wrongful Death Attorney Providing Compassionate Legal Support

If you’ve lost a loved one due to someone else’s negligence or intentional actions, you may be entitled to compensation. Working with a skilled wrongful death attorney can help you navigate this complex legal process and ensure that you receive the full compensation you deserve, including emotional distress damages where applicable. Porta-Clark & Ward will help you seek justice and financial security for your family. Call (412) 921-7350 today for a free consultation with a dedicated Green Tree wrongful death attorney.