Losing someone you love is often a painful and challenging experience. But when a sudden death is caused by someone’s reckless or negligent behavior, this overwhelming sense of grief can be even harder to accept.
The courts provide surviving family members with the option to sue after a loss of this manner. However, you and your personal injury attorney must provide proof of your damages in order to secure a settlement award. Keep reading to find out how our experienced and compassionate attorney proves emotional distress in a Louisiana wrongful death case.
Our job as your attorney is to demonstrate that your loss in a wrongful death case had a significant impact on your and your family’s emotional well-being. So yes, we can typically achieve this goal by including medical documentation with your claim.
Invoices for mental health counseling should help demonstrate the severity of your emotional distress, while officially documenting how long you have been feeling this way. Psychiatric evaluations and expert testimony from your provider is also helpful, because your doctor can explain how the loss impacts your daily life to a jury, when necessary.
If our experienced attorney is not able to negotiate a fair settlement with the at-fault party’s insurance company, we may have to file a lawsuit and present your claim in court. In that case, the people who are close to you can testify about the changes they noticed in your mood and behavior after the loss of a loved one.
You are also permitted to share your story from the stand and explain to the jury how the incident caused your emotional distress. If you keep a diary and record your struggles and feelings, this document may also provide valuable insight into your mental state after a wrongful death.
There are other records that our firm can use to help prove emotional distress in a wrongful death case here in Louisiana. If you are enrolled in college or you have a job, time spent grieving away from school and work may help support your claim. In addition to absentee records, your financial records can also come into play. The cost of therapy and counseling services are concrete evidence that you are working to address your emotional distress.
Dealing with the loss of a loved one or companion is never easy and we are here to help. The compassionate attorneys at Kopfler and Hermann understands what you are going through and how to prove it in court, if your case progresses that far. Reach out to our firm today to discover what we can do to help guide you through this complex legal process during your difficult time.
