“One moment he was here and the next moment he was gone forever,” wailed his wife. These kinds of scenarios are not confined only to the silver screen; they may become a reality for anyone. Such is the uncertainty of life.
Of course, losing a loved one unexpectedly puts one in acute emotional distress, leading to depression. In more severe cases, it may make the loved one suicidal, because he or she may not bear to part with the deceased or to stay alive without his or her companionship and support. More so, if the deceased is the only earning member of the family.
Needless to say, wrongful death impacts the mind and emotions of the bereaved significantly. It leads to desperation and takes time to heal.
Understanding Emotional Distress
There is no doubt that wrongful death of a near and dear one results in acute emotional distress, particularly if such a death is caused by someone else’s actions or negligence.
God forbid if you ever get into such a situation and have to endure emotional pain and mental suffering. You would do well to bring the perpetrator to book by claiming emotional damages through a wrongful death suit that specifically addresses severe emotional suffering.
What Constitutes Emotional Damages for Wrongful Death?
As they say, forewarned is forearmed. You will be better off if you know what emotional damages you can claim a wrongful death suit.
- There can be nothing as tragic as losing your life partner. In legal term, it is called ‘loss of consortium’. Due to this loss, you can suffer from anxiety, depression, loneliness, post-traumatic stress disorder and the like. All this constitute emotional distress and qualify for the claim of emotional damages.
- The worst affected in a wrongful death case are the children of the deceased. They are left without the love, support, and protection of their father or mother. The emotional pain they suffer is simply indescribable and this loss scars them for life. More so, when they see their friends enjoy the company of both their parents and find their own parent missing in their milestone events, such as graduation, first job, wedding, and the like. The trauma endured by children is covered under the wrongful death suit and they can get compensated for it.
How to Get Compensated for Emotional Trauma?
In a wrongful death lawsuit, emotional distress is referred to as pain and suffering. You can collect damages under this from the negligent party that has caused the death. Pain and suffering basically refer to the emotional and mental pain and suffering that you have had to endure by losing your loved one.
To get compensated, you will need to file the case under Virginia statue 8.01-52. This gives compensation for emotional damages that include mental anguish, emotional distress, sorrow, and solace.
There are no specific bills that provide the exact amount of compensation for emotional and mental trauma. This is because emotional distress constitutes non-economic damages that are calculated on the case by case basis.
It is not only the award for the loss of the spouse that you are entitled to, you can also seek reimbursement for psychological and professional treatments for depression, post-traumatic disorder and other emotional traumas. However, all this will not come automatically to you, a solid case has to be built. And the best person to do so is the wrongful death attorney.
Importance of Wrongful Death Attorneys
The compensation that may eventually be awarded to you comes from the insurance company of the guilty party that caused the death. And insurance companies, as is well known, go into penny-pinching mode from the word go. So, it is in such a scenario that a wrongful death attorney becomes indispensable.
A wrongful death attorney not only understands the wrongful death laws but also is well armed to milk the maximum compensation from the contesting parties. He or she is certain to build a strong case for you that will ensure you get compensated to the full.
The famous Georgia wrongful death attorneys know how to build a solid case. They will not only get you the maximum compensation for wrongful death claim, but also emotional damages. In the event of the wrongful death of your loved one, your first step should be to consult a wrongful death attorney.