Dealing with Emotional Trauma After a Wrongful Death

In Alaska, a wrongful death occurs when a person’s life is tragically cut short because of negligence or intentional wrongdoing of another person or entity. This could result from a car accident, medical malpractice, a workplace incident, or other situations where someone’s actions or failure to act have fatal consequences.

While the initial focus in these cases is often on the physical loss, the emotional trauma inflicted on the victim’s loved ones can be equally devastating. This lingering pain and suffering for surviving family members has a profound impact that deserves understanding and legal consideration.

The Impact of Emotional Trauma

Few events in life are as emotionally devastating as the wrongful death of a loved one. The sudden, unexpected, and often preventable nature of these tragedies leaves survivors reeling with a wide range of intense emotions. Some of the most common manifestations of emotional trauma include the following:

• The loss of a spouse, child, or parent creates a painful void in one’s life. The absence of their companionship, support, and love can trigger profound feelings of isolation and loneliness.
• Depression, including persistent sadness, hopelessness, and a loss of interest in activities once enjoyed.
• Survivors may experience anxiety disorders, panic attacks, or develop phobias related to the circumstances of their loved one’s passing.

The experience of emotional trauma will differ depending on the unique relationship shared with the deceased. A spouse might grapple with a shattered future, a child with the loss of parental guidance, and a parent with unimaginable grief over the loss of their child.

Legal Recognition of Emotional Distress

Alaska law recognizes the severe emotional impact of wrongful death on survivors. Specific statutes allow for compensation for these non-economic damages, distinct from financial losses like medical bills or lost wages.

• Loss of Consortium. This term refers to the loss of love, affection, companionship, comfort, and support experienced by a spouse or domestic partner due to their loved one’s death.
• Loss of Parental Guidance. In cases where a child dies, parents may be able to seek compensation for the loss of guidance, nurturing, and the opportunity to share life milestones that were taken from them.

If you are a mental anguish survivor, you may be eligible for compensation for the ongoing mental and emotional pain and suffering you experience due to the wrongful death. You only need to find an experienced Alaska wrongful death lawyer to represent you. However, the Alaska justice system limits who can recover damages for emotional distress and under what circumstances.

The Challenge of Proving Emotional Trauma

Unlike physical injuries that can be easily documented with medical records, emotional trauma is often less tangible. This can make it challenging to establish the extent of the suffering caused by a wrongful death to secure compensation.

Emotional distress is a highly personal experience. What might be deeply traumatic for one person might have a less severe impact on another. This makes it difficult to quantify emotional pain in a way that is universally understood.

While a grieving family member can describe their feelings, it often takes the expert testimony of a mental health professional like a therapist, psychologist, or psychiatrist to diagnose conditions like depression, anxiety, or PTSD that arose from the wrongful death. These professionals can also offer insights into the long-term impact of the trauma.

To build a strong case, you want to document the emotional distress experienced by survivors.  This might involve keeping a journal of feelings, attending therapy sessions, and obtaining medical records that demonstrate the impact of the trauma on their mental and emotional well-being.

The emotional trauma after a wrongful death can be overwhelming and long-lasting. While no amount of compensation can erase the pain of loss, Alaska law recognizes the right of survivors to seek justice for the emotional suffering caused by another’s wrongful actions. If you have lost a loved one due to negligence or misconduct, seeking the guidance of a qualified wrongful death attorney is essential to protecting your rights and the support you deserve during this challenging time.