When a family member dies because of another person’s negligence, it can be a devastating experience. Not only must you deal with the loss of your loved one and the practical matters surrounding their death, but you may also have to handle the financial burden that comes with burying them.
And if they leave behind children or other dependents who were dependent on their income—which is common in cases involving wrongful deaths—then this burden is even more overwhelming.
The term “wrongful death” refers to a family’s right to collect damages when a loved one dies because of the negligence of another person or entity. Wrongful death lawsuits are brought on behalf of the deceased victim’s family members, which may include parents, spouses and children.
It is important to know that not every death is considered wrongful. In order for you to be eligible for compensation under this cause of action, it must be shown that someone else caused your loved one’s death through negligence (actionable wrongdoing) and/or intentional conduct (intentional acts).
It is true that a case of wrongful death may bring a lot of emotional pain and suffering. In this article, we take a look at whether you can sue for these damages.
Who Files the Lawsuit?
Wrongful death lawsuits are brought on behalf of the deceased victim’s family members, including spouses and children. The case is filed with the help of a competent attorney, with the skills required to present the case in a court of law.
Wrongful death lawsuits allow family members to recover damages for their emotional suffering as well as other losses they have suffered. Family members can sue for emotional pain and suffering caused by the wrongful death of their loved one, including:
- Loss of companionship
- Loss of financial support from the deceased person’s income or inheritance (if he or she had been planning to leave an estate)
- Medical expenses incurred by treating injuries sustained during an accident caused by another person’s negligence; funeral expenses; lost wages due to taking time off work because someone else was negligent.
It is not necessary for the family member to be the sole survivor, but he or she must be at least partially dependent on money from a deceased parent, grandparent or other relatives who died as a result of someone else’s actions.
For example: If your mom was killed in an auto accident and left behind two children and four grandchildren, then all six would have grounds for suing for damages if they could prove that you suffered emotional distress due to your mother’s death.
Who Can Sue for Emotional Pain
Emotional pain and suffering are a common addition to many personal injury claims. It’s often included in wrongful death cases, where a family member has suffered great emotional distress due to the physical pain in addition to their injuries or illness before they died.
In order for you to receive compensation for your emotional distress, the following must be true:
- You were close with the person who died (e.g., spouse)
- The cause of death was someone else’s actions (e.g., car accident)
You can sue for emotional pain and suffering if your loved one suffered great emotional distress due to physical pain in addition to their injuries or illness before they died.
For example, if your loved one was in horrible pain from cancer that eventually took their life, but there was nothing doctors could do about it except prescribe medication for the physical symptoms (pain), then you may be able to get compensation for the emotional distress caused by knowing that your loved one was suffering like this.
If you are considering filing an action for wrongful death, it is very important that you contact a qualified personal injury attorney who can help you evaluate the merits of your case and determine the best course of action. You can sue for the emotional and physical pain you encounter because of a wrongful death incident.
The Bourassa Law Group has extensive experience in dealing with wrongful death cases in Nevada. Don’t wait—seek legal help today! So, call us at (800)870-8910 for a free consultation to learn about our legal services, and let us help you get the compensation you deserve.
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