How To Prove Emotional Distress in a Louisiana Wrongful Death Case
You must be able to provide proof of emotional harm in order to receive the maximum settlement in a wrongful death lawsuit. Even though you just lost a loved one due to someone’s reckless or negligent behavior, emotional distress is not always easy to prove.
Contact us today to discover how our team of experienced attorneys could help you provide the evidence needed for a successful case. Read on to learn how to prove emotional distress in a Louisiana wrongful death case.
Medical and Financial Records
We recommend seeking grief counseling after the loss of a loved one. It is important to maintain your mental health as you navigate the future, and you must show a direct link between the individual’s wrongful act and your emotional distress. Medical records from therapy sessions and psychiatric evaluations are crucial pieces of evidence for your claim.
Make sure to keep copies of your treatment receipts and invoices. These documents could help your legal team demonstrate the significant personal and financial impact that the mental distress of a wrongful death has had on your daily life.
Witness Testimonies
In Louisiana, the ability to demonstrate a decline in your emotional well-being directly following a wrongful death could strengthen your claim. Testimony from family members, friends, and coworkers who can attest to your emotional state and significant changes in your behavior provide additional merit in court. Our knowledgeable attorneys at Tomeny | Best could use this evidence to help you get the settlement you are entitled to by law.
A mental health or other medical provider’s testimony is also highly persuasive, as they can provide a professional opinion regarding the severity, intensity, and potential longevity of your emotional distress. Medical experts could clearly explain the relationship between the loss and your distress so the judge and jury can understand your claim.
Circumstances of the Wrongful Death
The nature of your loss is also an important factor when proving emotional harm in a wrongful death case in Louisiana. If your loved one experienced a sudden or violent death, we may be more likely to prove significant emotional distress. This is especially true for the loss of a spouse, child, or parent. In some cases, we could also show a loss of companionship.
Submission of a Personal Journal or Diary
Writing in a journal is a common way to manage your emotions after a loss. Whether this process was recommended by your mental health provider or it is something that you do routinely, documenting your feelings and their impact on your daily life could help strengthen your case. This is particularly true for persistent emotional conditions, like grief-induced distress. An attorney could review the journal or diary and advise on whether you may be able to use it as evidence of your emotional distress in your Louisiana wrongful death lawsuit.
Call a Louisiana Wrongful Death Lawyer for Help With Proving Mental Anguish
You do not need to manage your wrongful death case alone. The experienced and compassionate personal injury attorneys at Tomeny | Best could help you gather evidence and show you how to prove emotional distress in a Louisiana wrongful death case. Let us advocate for you so you can obtain the maximum possible compensation.
