Can You Sue For Emotional Distress After A Wrongful Death?

Around 2 million people die every year from work-related injuries and diseases according to the World Health Organization. These instances of wrongful death can cause a great deal of distress among loved ones who may decide to pursue legal action. If the disease or workplace injury was a direct cause of workplace negligence, it is possible to sue the company if there is sufficient evidence. But can families also pursue legal action if they are suffering from severe emotional distress?

Wrongful Death Legal Action

Some industries carry a higher risk of injury than others, but all employers have an obligation by law to identify potential hazards and reduce these risks to health wherever possible. This may be by providing protective equipment, adapting machinery or equipment to make it safer or providing appropriate training to carry out the role. Negligence occurs when a workplace or third party did not take appropriate measures to prevent accident or death.

Sue For Emotional Distress

The most recent high-profile case of alleged wrongful death is that of Halyna Hutchins who was tragically shot and killed on the set of the movie ‘Rust’. Her husband Matthew Hutchins is currently said to be taking legal action.

Emotional Distress Compensation

Wrongful death can cause family and friends to endure severe emotional suffering due to the actions (or lack of action taken) by a third party. This can result in mental anguish, depression, loneliness and isolation. Some may suffer from weight loss, irritability and sleep disturbances. Emotional distress can also lead to the inability to work for a long period of time which can result in financial difficulties. This can worsen the emotional symptoms.

Those suffering from severe emotional pain may seek help from a wrongful death attorney. Emotional distress compensation can assist with any medical bills for therapy or for medication taken to alleviate symptoms. In 2019, 19.2% of adults received help for mental health and 15.8% also received prescription drugs. It is not uncommon to seek help for mental health but it can be expensive. Choosing to hold the third party responsible for their negligence may help with these costs.

Wrongful death is usually preventable which is why it can cause so much unnecessary suffering amongst loved ones. Seeking compensation may not change the course of events, but it may help people to move on both emotionally and financially.

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