Pain and Suffering

The loss of a beloved family member is even more tragic when the death occurred suddenly and wrongfully. Surviving family members are left with the unthinkable in a situation of pain and suffering. Unfortunately, with the sadness and grievance, other issues and questions arise that need to be dealt with immediately. Fortunately, an attorney can assist you in negotiating a pain and suffering settlement. Many families may receive compensation for pain and suffering when filing a pain and suffering lawsuit.

A wrongful death lawsuit declares that the person was killed due to the negligence or any other liability of others. Originally, common law, which was passed on from England to the United States hundreds of years ago, did not include wrongful death claims per se. Rather, the claim was terminated with the person’s death and family members had no opportunity to claim damages from the defendant. Especially over the recent years, however, courts have realized that this is unjust, and they have passed wrongful death statues, which are active in all state jurisdictions today.

The Process of Grief

When filing for damages in a wrongful death lawsuit, the proof of funeral expenses is clearly easier than showing a person’s pain and personal suffering. From a psychological standpoint, however, grief is real and a normal human response to a significant loss.

The process of grieving demands time, patience, courage, and support, and there is no other solution to alleviate the emotional pain. In the beginning of the grieving process there is a shock phase, where people are trying to comprehend and realize what is happening. Followed by shock, there comes a long period of suffering and finally recovery is setting in.

The Chaos of Suffering

During the suffering period, people are slowly accepting the reality of the loss. During this time, the grieving person will most likely experience a multitude of thoughts, feelings, behaviors and often, people report an overall feeling of chaos and disorganization. Characteristics of suffering include:

• Sadness
• Anger
• Guilt
• Anxiety
• Physical, behavioral, cognitive symptoms

Emotional pain and suffering due to the loss of a loved one are valid and real feelings. If a person experienced the loss of a family member, he/she needs guidance and all the support possible in order to reach recovery as soon as possible. While money can’t undo the loss of a loved one, the plaintiff has the legal right to sue for pain and the emotional suffering.

Statute of Limitations

Wrongful death lawsuits are subject to the statute of limitations, which define the time frame in which the surviving family members can initiate a lawsuit. Generally, for wrongful death cases the law allows between 1 and 3 years to put forth a claim.

As always, there are exceptions. For instance, if the death was originally attributed to an accident rather than someone’s negligence, courts will adjust the statute of limitations to take effect from the time the true cause of death was discovered.

If one of your loved ones has died and you believe that the death was caused by somebody’s negligence, contact a lawyer immediately. A specialized wrongful death attorney can provide invaluable information as it relates to many specific details you might not be aware of and which will then ultimately weaken your case.

• If you need legal assistance with Wrongful Death Claim, please consult with a Wrongful Death Lawyer near you to discuss the details of your case. The content of this article is provided for informational purposes only.

Updated LV