Can I Sue for Emotional Distress After a Loved One’s Death?
The loss of a loved one to a fatal accident is a terrible, devastating tragedy. You may be wondering, Can I sue for emotional distress after a loved one’s death? In Pennsylvania, this type of loss is generally covered within a broader wrongful death lawsuit instead of a separate emotional distress claim. Here, our Chambersburg wrongful death lawyer explains the key things to know about suing for emotional distress after a loved one’s death in Pennsylvania.
You Can Sue For Emotional Distress After a Loved One’s Fatal Accident
There is a type of civil legal claim called the negligent infliction of emotional distress. However, that is generally not your claim after a loved one’s fatal accident. Indeed, in Pennsylvania, the law does not generally allow surviving family members to bring a standalone lawsuit purely for their emotional distress following a loved one’s death. Instead, legal action typically falls under the broader umbrella of a wrongful death lawsuit.
Know the Law: Wrongful Death in Pennsylvania
Under Pennsylvania law (42 Pa. C.S.A. Section 8301), a wrongful death is one that is caused by a defendant’s negligence or other wrongful act. A wrongful death lawsuit is a type of civil legal claim. The law allows close family members, typically the spouse, children, or parents of the deceased, to take legal action. However, the wrongful death claim must be filed by the personal representative of the deceased’s estate. Still, it is brought for the benefit of the eligible family members. The goal of the wrongful death claim is to compensate surviving relatives for the losses they have suffered due to the death, not just emotionally, but also practically.
An Overview of Non-Economic Damages in a Pennsylvania Wrongful Death Claim
While you do not sue directly for emotional distress after a loved one’s deadly accident in Pennsylvania, you may be entitled to compensation for your non-economic damages through a wrongful death claim. For example, eligible family members may recover compensation for loss of companionship, guidance, comfort, and society. These damages are effectively designed to address the loss that could be called “emotional distress.” They can be substantial in a wrongful death lawsuit. Notably, these damages are subjective and vary widely based on the nature of the relationship with the deceased and the circumstances of the death. Pennsylvania courts recognize that the emotional and relational toll of losing a loved one is significant, even if it is not labeled “emotional distress” in a technical sense. An attorney can help your family get justice.
Contact Our Pennsylvania Wrongful Death Lawyer Today
At DiLoreto, Cosentino & Bolinger P.C., our Pennsylvania wrongful death attorney is a compassionate, experienced advocate for families. If you have any questions about the process, please do not hesitate to contact us today for a consultation. With offices in Chambersburg and Gettysburg, we provide wrongful death representation throughout Pennsylvania.