A wrongful death lawsuit accounts for the financial burden of lost income and medical expenses. What about the anguish your loved one experienced? What about the fear, the trauma and the physical discomfort they faced in their final moments? Proving pain and suffering is crucial in fully representing the impact of your loss.
Understanding pain and suffering
Pain and suffering damages represent the emotional and psychological impact of losing a family member. Indiana law recognizes these non-economic damages as a vital part of wrongful death cases. These damages acknowledge that the true cost of losing someone extends far beyond medical bills and funeral expenses.
Key evidence to document
You must collect evidence to demonstrate the pain and suffering you and your family have endured. This evidence can come from various sources:
- Personal testimony: Your own words are powerful. Describe the emotional impact of the death on your life, your grief, your sadness and the ways your daily life has changed.
- Testimony from family and friends: They can describe the close relationship you had with the deceased and how the death has affected your emotional well-being.
- Photographs and videos: These can illustrate the love and joy that existed before the death. It can also provide insight into the activities you shared together.
- Journals or diaries: Personal writings can document your feelings and grief process over time. These writings will further support your claims.
- Medical records: If you sought treatment for depression, anxiety or other mental health issues after the death, these records can demonstrate the psychological impact.
Indiana law dictates who can bring a wrongful death claim and what types of damages are recoverable. Keep in mind that time limits also exist for filing a wrongful death lawsuit, so acting promptly is essential.
Taking the next step
The legal process cannot erase your loss, but it can provide financial stability and a sense of justice. It is often best to work with a qualified Indiana wrongful death attorney to discuss your situation and understand your options for seeking fair compensation for your family’s pain and suffering.
