When a loved one’s life is taken due to someone else’s negligence, the pain that follows goes far beyond financial struggles. Surviving family members often face years of emotional distress, mental anguish, and psychological trauma. At Minton Law Firm, we understand that no settlement can replace a person’s life — but the law allows families to seek fair compensation for both economic and non-economic damages caused by a wrongful death.
Non-economic damages are designed to acknowledge the emotional suffering and psychological harm families endure after such a devastating loss. These damages can be more difficult to prove than financial losses like medical bills or lost wages, but they are every bit as real — and just as important in achieving justice.
In a wrongful death claim, emotional distress refers to the profound emotional pain, grief, and mental anguish experienced by family members after losing someone close to them. Unlike physical injuries, these emotional injuries are invisible — yet they have a lasting impact on every part of life.
Common examples of emotional distress include:
Arkansas law allows grieving families to recover damages for these emotional harms as part of a wrongful death lawsuit, recognizing that the loss of a loved one affects far more than just finances.
In wrongful death cases, compensation is typically divided into two categories:
Economic Damages – Tangible losses such as:
Non-Economic Damages – Intangible losses such as:
While economic damages help families recover from the financial burdens, non-economic damages address the emotional toll — the suffering that doesn’t appear on paper but changes lives forever.
Unlike bills or receipts, emotional suffering has no price tag. Insurance companies and opposing attorneys often question its validity or attempt to minimize it. To prove non-economic damages, your wrongful death attorney must provide compelling evidence showing how the loss has affected you and your family’s quality of life.
That evidence may include:
The more detailed and consistent the evidence, the stronger your emotional distress claim will be in demonstrating the depth of your loss.
In many wrongful death cases, mental health experts play a crucial role in substantiating emotional distress. Their professional assessments help bridge the gap between personal grief and legal proof.
A psychologist might testify about the psychological impact of the trauma, while a psychiatrist could discuss the medical need for treatment, such as medication or therapy. These experts can also differentiate between normal grief and severe emotional distress caused by the defendant’s negligence or wrongful actions.
By presenting credible expert testimony, your attorney can establish that the distress you’ve suffered is not only genuine but significant enough to warrant compensation under Arkansas law.
Under the Arkansas wrongful death statute, surviving family members have the right to pursue compensation for mental anguish, defined as the emotional suffering resulting from the death of a loved one. Courts recognize that grief and emotional trauma are expected reactions, but when that distress becomes profound and life-altering, it can be grounds for non-economic damages.
To prove emotional distress damages, your attorney must show that:
These claims often rely on compelling evidence such as therapy records, expert testimony, and personal accounts that demonstrate the depth and persistence of your emotional suffering.
Emotional distress can result from many types of wrongful death cases, including:
Regardless of the cause, the psychological impact on surviving family members is often similar — lasting grief, anger, and disruption of emotional well-being.
An experienced wrongful death attorney will know how to frame emotional distress in legal terms that resonate with judges and juries. At Minton Law Firm, our legal team takes a detailed, evidence-based approach to build a compelling case that reflects your family’s full experience.
This process often includes:
By combining objective evidence with personal impact, we make sure the court understands how deeply this loss has affected your life.
In Arkansas, non-economic damages are not capped in most wrongful death claims, allowing families to seek the full amount necessary to address their suffering. The compensation awarded depends on:
While no amount of money can erase grief, fair compensation helps families afford treatment, gain closure, and find stability after a traumatic event.
Navigating the emotional and legal complexities of a wrongful death case is never easy. Having a compassionate and skilled attorney makes all the difference. At Minton Law Firm, we work tirelessly to ensure that grieving families receive the recognition and compensation they deserve for both their financial and emotional losses.
We handle the legal burden while you focus on healing. Our attorneys understand the psychological impact of these tragedies and will pursue maximum compensation for your emotional pain, mental anguish, and non-economic damages.
If you’ve lost a loved one and are struggling with emotional distress or mental anguish, the team at Minton Law Firm is ready to help. We’ll listen to your story, gather the necessary evidence, and fight for the fair compensation your family deserves under Arkansas law.
Call Minton Law Firm today at 501.794.0001 for a free consultation. Our experienced attorneys will help you navigate the legal process, prove your non-economic losses, and secure justice for your loved one.
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