Emotional Damages in a Wrongful Death Claim

Emotional distress (also known as mental anguish) is often extreme after a wrongful death, but it can be hard to prove. After all, psychological symptoms are not visible, and it may be difficult to prove to a jury that they exist. Read on to learn more about mental anguish and how to recover emotional damages in a wrongful death claim.

Mental Anguish Claims in a Texas Wrongful Death Case

The death of a loved one often leads to severe emotional distress. What qualifies as mental anguish varies by state; Texas, unfortunately, has an incredibly narrow definition for what qualifies as mental anguish. Although it may be possible to prove mental anguish in other cases, here are the three categories that most mental anguish claims must fall into if you want to receive compensation in Texas:

Bystander Claims

If an immediate family member – such as a spouse, child, or parent – is killed and you see it happen, you have a good chance of receiving emotional damages. To receive this compensation, you must prove that

1. you were nearby the victim when the accident happened and saw them get killed;

2. you suffered mental anguish due to having your loved one die in front of you; and

3. you were closely related to the person who was wrongfully killed.

For example, if a car crashes into yours, you’re in the car when it happens, and you see your spouse die, you may be entitled to emotional damages.

Intentional Infliction Claims

In some cases, the cause of a wrongful death is intended to cause mental anguish. In an intentional emotional distress case in Texas, the plaintiff must prove that

1. the defendant’s actions were extreme and intentional or incredibly reckless; and

2. their actions caused severe emotional distress to the plaintiff.

One of the most common causes of intentionally-inflicted emotional damage is road rage. For example, if a driver gets mad that a driver in the left lane isn’t driving 10 mph over the speed limit and so go around them and slam on their brakes, causing the driver to crash, this would likely count as intentional infliction of mental anguish.

Negligent Infliction Cases

Because there’s no law in Texas against the negligent infliction of emotional distress, negligent infliction claims can be hard to prove. In many cases, damages for mental anguish due to negligence are only awarded if the plaintiff also has physical injuries. In addition, the plaintiff would likely need testimony from a psychologist or other documentation that proves their mental anguish.

It’s important to remember that even if you don’t have physical injuries, it may still be possible to recover emotional damages. Always consult with a personal injury attorney before assuming that you don’t have a case.

What Qualifies as Mental Anguish in Texas?

Texas doesn’t have an exact definition for mental anguish. To give you an idea of what kind of emotional distress you may be compensated for, here are some types that courts have awarded damages for in the past:

• Anxiety

• Depression

• Grief

• Insomnia

• Despair

• Severe disappointment

• Shame

Of course, lack of precedent does not necessarily mean that you can’t be awarded for mental anguish that doesn’t fall into one of these categories. Always consult with your personal injury attorney to determine if you have a case.

If your loved one was wrongfully killed, contact The Dashner Law Firm today. Geoffrey Dashner and his team have years of experience getting people the compensation they deserve for the wrongful death of their loved ones, as well as their own emotional suffering. Call his office today to learn more about receiving emotional damages in your wrongful death claim.