Can You Sue for Emotional Distress in a Wrongful Death Case?

April 9, 2025 | By The Oakes Firm
Can You Sue for Emotional Distress in a Wrongful Death Case?

Learning of the heartbreaking wrongful death of a loved one caused by another party’s negligence leaves most people feeling devastated, overwhelmed, and frustrated.

People often struggle to navigate their complicated feelings of deep despair and frustration after learning of their loved one’s unjust loss.

They are often left wondering if they can sue for emotional distress caused by the wrongful death of a loved one and are unsure of who they can turn to for help.

Seeking the help of a dedicated and compassionate Philadelphia wrongful death lawyer will lighten the stressful burden felt by you and your loved ones as you process and mourn the loss of your loved one. A trusted lawyer will help you navigate the legal proceedings following your loved one’s unfortunate loss and will help guide you on whether or not you can sue for emotional distress in your wrongful death case.

Contact our team of dedicated lawyers at the Oakes Firm today at (267) 310-0656 to schedule your free initial case consultation for your loved one’s wrongful death. Let us give you the help you and your loved ones deserve during this heartbreaking and complicated time.

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What Do I Do After My Loved One Has Suffered a Wrongful Death?

Close up unhappy young woman hiding face in hands, feeling desperate cheated hopeless alone indoors.

Learning that your loved one suffered a tragic wrongful death because of another party’s negligence or recklessness is a heartbreaking and devastating experience.

Most people feel confused and distraught after discovering their loved one's unjust loss, and many are unsure of what they should do next.

Taking the proper steps after discovering the wrongful death of a loved one will protect your rights and maximize your chances of recovering just compensation for your unjust loss.

Maintain Detailed Documentation

Maintain a detailed file of documentation for all items associated with your loved one’s wrongful death, including

  • A copy of the police report from the incident, if applicable
  • A copy of any medical reports from the incident
  • All photographs and videos from the scene of the accident, if applicable
  • Any witness contact information, if applicable
  • A list of all expenses, including medical bills, funeral expenses, property damage, lost wages, lost future earnings
  • A journal tracking what you know about the incident that resulted in your loved one’s death, including any ensuing losses your family has suffered, as well as any conscious pain and suffering your deceased loved one experienced

Work With a Lawyer

Start working with a lawyer as soon as possible after learning of your loved one’s wrongful death to make sure you meet all of Pennsylvania’s statutes of limitations for your case.

Working with a lawyer will safeguard your rights and enhance your likelihood of obtaining fair compensation for the tragic loss of your loved one. Your empathetic and committed legal team will manage all the complexities of the insurance claim and legal procedures, allowing you and your family to concentrate more on your healing and grief.

Contact our team today at the Oakes Firm to schedule your free case consultation. Let us manage the complicated legal aftermath of your loved one’s painful, wrongful death so you can better focus on your grief and healing.

Can I Recover Compensation if My Loved One Was Wrongfully Killed?

Knowing your loved one suffered a wrongful death is a painful and traumatic experience for most people. Many are left with a deep sense of loss and despair, all while trying to process how this could have happened to their loved one.

If your loved one was wrongfully killed, you can recover compensation for the damages caused by their unjust death. Recoverable damages includes

  • Conscious physical pain suffered by your loved one
  • Conscious mental distress and anguish suffered by your loved one
  • Property damage
  • Medical bills
  • Funeral expenses
  • Loss of income and future earnings of your deceased loved one
  • Loss of consortium or companionship
  • Potential inheritance reduction
  • Punitive damages

Contact our dedicated team at the Oakes Firm today, and let us help you recover compensation for the devastating and unfortunate wrongful death of your loved one.

Common Causes of Wrongful Death

Learning a loved one was wrongfully killed leaves most people struggling through feelings of despair and confusion as they manage their grief and heartache.

Common causes of wrongful death include

  • Slip and fall incidents where a property owner has inadequately and unsafely maintained their premises
  • Premises liability incidents in which a property owner neglects to implement sufficient care and safety measures, leading to a tragic outcome
  • Vehicular accidents caused by impaired driving, which may involve alcohol, illegal drugs, prescribed medications, or over-the-counter medications
  • Reckless driving incidents involving drives of personal passenger vehicles, rideshare services, commercial trucks, or motorcycles
  • Violent acts, such as assault and arson, that result in an individual's untimely death

Contact our team of compassionate lawyers today at the Oakes Firm if your loved one has suffered a wrongful death because of another party’s negligence. Let us get you the help, care, and justice you deserve.

Wrongful Death Accidents in Philadelphia

A distressing number of factors can cause a wrongful death in Philadelphia, making this type of devastating loss more prevalent than most people know.

Wrongful deaths caused by unintentional injuries or accidents, like a slip and fall accident, are a significant contributor to these types of fatalities.

According to the Centers for Disease Control and Prevention (CDC), an estimated 210,430 fatalities in the United States were caused by unintentional falls in one recent year.

Wrongful deaths are also often commonly caused by traffic-related accidents.

The National Highway Traffic Safety Administration (NHTSA) estimates that 35 people are killed every day from an alcohol-related vehicle accident in the United States, with a total of 13,524 people suffering a fatality from a drunk driving accident in one recent year.

The NHTSA states that 56 percent of drivers who were involved in a serious injury and fatal crash in one recent year tested positive for at least one drug.

The NHTSA also reports that more than 12,150 people were killed by speeding in the United States in one recent year, with this type of reckless driving accounting for an estimated 19 percent of all traffic-related fatalities. An estimated 3,310 people were killed as a result of a distracted driver in one recent year, and nearly 700 deaths were the result of a drowsy driver.

The NHTSA concludes that an estimated 1,180 traffic fatalities occurred in Pennsylvania in one recent year, with more than 140 of these deaths taking place in Philadelphia County.

An estimated 340 fatalities in Pennsylvania were the result of an alcohol-impaired driver, and another 455 deaths were caused by a speeding accident. In Philadelphia County, alcohol-related traffic accidents wrongfully killed 36 people, while 63 individuals were killed in a speeding-related accident.

If your loved one suffered a tragic wrongful death in Philadelphia, contact our compassionate team at Oakes Firm today to get the care you and your loved ones deserve.

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Why Should I Hire Oakes Firm for My Loved One’s Wrongful Death?

Discovering a loved one was wrongfully killed because of another party’s negligence leaves most people feeling a deep sense of heartbreak and anger.

Most people are often unsure what to do next and who to turn to for help during this complicated and stressful time.

Our team of attorneys at the Oakes Firm understands how challenging and overwhelming the aftermath of the wrongful death of a loved one is for most people. We work tirelessly to attain justice and proper compensation for our clients while protecting their rights in the aftermath of a heartbreaking, wrongful death.

All of our client relationships begin with a free initial consultation, during which we will learn more about your painful situation and help guide you on the best legal path forward.

At Oakes Firm, we strive to recover the best compensation possible for our clients while holding all responsible parties accountable for the damages they caused.

We have successfully recovered hundreds of millions of dollars in compensation for our clients, including

  • Over $35 million for motor vehicle accidents
  • Over $25 million for unsafe properties and premises liability accidents
  • Over $50 million for dangerous and defective products
  • Over $75 million for construction and workplace accidents
  • Over $100 million for catastrophic injuries
  • Over $12 million for liquor liability

Our attorneys at Oakes Firm know how complicated and stressful managing the aftermath of a personal injury accident is. We make the extra effort to lighten the challenging burdens our clients face during this trying time.

Our clients often express gratitude for the ease of the experience of working with our team.

Gordon was grateful for how available our team was whenever he needed us and how we attentively listened to him and paid attention to all the details of his unique situation.

Christen was nervous about starting the legal proceedings after her car accident. She was relieved by how comfortable she felt with our team throughout her entire process. She was grateful for how caring our team was in going above and beyond to make sure her needs were a top priority.

Cecil appreciated the care and guidance we provided her and her husband as they navigated their complicated legal case. She was thankful for how thorough, professional, knowledgeable, and dedicated we were throughout her case, keeping her up to date throughout the process and checking in on them regularly.

Contact our team today to schedule your free case consultation. Let us help you get the care, justice, and compensation you deserve after your loved one’s wrongful death.

Can You Sue for Emotional Distress in a Wrongful Death Case?

Most people feel heartbroken, distressed, and overwhelmed after learning their loved one suffered a tragic wrongful death.

Many people are left wondering what they can do to seek justice for the pain and suffering caused by this tragic accident, who they can turn to for help, and if they can sue for emotional distress.

Working with a trusted and professional wrongful death lawyer will help make this stressful and devastating time much easier for you and your loved ones to navigate. A dedicated lawyer will help manage the complexities of your wrongful death case and help you recover compensation for the emotional distress caused by your loved one’s unjust and tragic loss.

Your dedicated legal team will work tirelessly on your behalf to help you attain justice for your and your loved one's wrongful damages through a series of diligent steps.

Gather Evidence

Your assertive wrongful death lawyer will work diligently to gather evidence to help strengthen your case.

You and your loved ones need to gather documentation for as many items as possible associated with your loved one’s wrongful death to help your legal team build the evidence for your case, including

  • A copy of the police report from the incident, if applicable
  • A copy of any medical reports from the incident
  • All photographs and videos from the scene of the accident, if applicable
  • Any witness contact information, if applicable
  • A list of all expenses, including medical bills, funeral expenses, property damage, lost wages, lost future earnings
  • A journal tracking what you know about the incident that resulted in your loved one’s death, including any ensuing losses your family has suffered, as well as any conscious pain and suffering your deceased loved one experienced

Prove Fault

The defending party in a wrongful death case will likely try to prove that they are not at fault for your loved one’s wrongful death. An assertive lawyer will fight to prove that the fault of your heartbreaking loss lies with the proper parties responsible.

Manage the Lawsuit

Your professional legal team will handle the entirety of the lawsuit on your behalf, including filing the lawsuit, managing all communications with third parties, and negotiating a settlement offer.

They will update you and your loved ones throughout the process and answer all questions and concerns you have about your case.

Your dedicated lawyers will advocate on your behalf to ensure you recover compensation for all of the emotional distress and damages associated with your loved one’s wrongful death, including

  • Conscious physical pain suffered by your loved one
  • Conscious mental distress and anguish suffered by your loved one
  • Property damage
  • Medical bills
  • Funeral expenses
  • Loss of income and future earnings of your deceased loved one
  • Loss of consortium or companionship
  • Potential inheritance reduction
  • Punitive damages

Contact our dedicated team at the Oakes Firm today. Let us help you manage the complicated legal proceedings for the wrongful death of your loved one and help you recover compensation for your and your loved one's emotional distress and damages.

Work With a Dedicated Wrongful Death Lawyer in Philadelphia

Managing the painful aftermath of the heartbreaking wrongful death of a loved one leaves people feeling devastated, overwhelmed, and angry.

They are often unsure if they can sue for emotional distress caused by their loved one’s unjust death and do not know who they can turn to for help.

Finding a dedicated personal injury lawyer in Philadelphia will make navigating the legal proceedings and insurance claim process much more manageable for you and your loved ones to peacefully manage.

Call our team at the Oakes Firm today at (267) 310-0656 to schedule your free case consultation with one of our compassionate attorneys.

Our Philadelphia office is conveniently located in Penn Center House, just a few blocks west of Philadelphia City Hall.

Schedule A Free Case Consultation