When someone you care about is gone from you suddenly, you may feel as if you are suffering through the worst moment of your life. You could even question your ability to carry it on without your beloved one. It's important to remember that these feelings are common after a loved one passes away. In reality, wrongful death's emotional and psychological consequences can be severe.
When a loved one dies, it is normal to experience emotional distress, described as a state of emotional agony and mental suffering. This indicates that in wrongful death litigation, someone else's wrongdoing or reckless behavior has caused the deceased's family to suffer severe emotional distress and that psychological damages should be recognized and assessed.
What are the scenarios where you can seek compensation due to emotional stress?
Below are some situations where you can seek compensation if you are a relative of a wrongful death victim.
After losing a partner, a surviving spouse or partner may feel lonely, despair, panic, PTSD, and other terrible feelings. Since a partner's and companion's death is unbearable, a surviving spouse must be paid for their mental pain. Whenever a spouse loses the victim's friendship and love, this is called "loss of consortium."
Children who survive may experience lasting emotional pain due to growing up without parents. This is why kids should be allowed to seek compensation for loss of support and guidance in a wrongful death suit. When a mother or father cannot be present for major life events such as school events, weddings, or childbirth, emotional scars can result.
Parents of a minor kid who has died should be permitted to seek compensation for their mental distress due to their broken connection. On the other hand, adult children's parents often cannot reclaim such damages.
Mental anguish is sometimes called misery and anguish when making claims against the negligent party. Those linked to the deceased have the right to seek compensation for the mental and emotional pain and misery they have had as a result of their loved one's death in a wrongful death case.
A person can sue for fair and rational emotional damages under the Charleston statute, which includes:
Mental agony
Grief
Emotional anguish
"Solace" is described as "society, companion, comfort, guidance, courteous offices, and the decedent's advice."
Since emotional distress is identified as non-economic damages, no specific calculations can determine how much a family should be reimbursed for their mental and emotional pain.
In addition to overall compensation for emotional suffering, if family members feel depressed, post-traumatic stress, or another emotional ailment and seek therapeutic and medical therapy, the costs of such therapy should be covered.
Insurer companies often refuse to assign a significant financial amount for mental and emotional anguish associated with a claim because they seek to settle disputes for as little money as possible.
This is why you need an attorney on your side who is familiar with wrongful death laws and knows the consequences of losing a loved one.
They understand how critical it is to build a solid case that includes emotional losses to obtain a fair settlement in a wrongful death claim. While they realize that no quantity of money will ever be sufficient to reimburse you for the emotional sorrow of losing a spouse, lover, mother, father, son, or daughter, receiving the maximum compensation will enable you to seek the care you need to heal your mental and emotional scars.
They understand that this is a difficult time in your life, and they want to assist you in recovering fully and fairly from your mental and emotional injuries.
Please contact a skilled Charleston WV wrongful death attorney for a free consultation.
Wrongful death is a devastating incident that life may bring. You have to suffer for the negligence or misdeed of someone else. Losing your dear ones is painful, and the trauma is lifelong. Often a relative of the victim undergoes severe psychological distress. Hiring a lawyer cannot reduce the pain, but it will help you get the compensation you deserve.
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