Grief is never easy, but when a loved one dies because of someone else’s carelessness, the heartache can feel unbearable. Beyond the immediate shock and sadness, families are often left asking tough questions—about what happened, who was responsible, and how they can move forward. In Hawaii, certain surviving family members may be able to sue for emotional distress in a wrongful death case. At Cronin, Fried, Sekiya, Kekina & Fairbanks, we help grieving families navigate their legal rights and pursue compensation for their emotional suffering and other losses.
What Are Emotional Damages in a Wrongful Death Claim?
Emotional damages in a wrongful death claim reflect the deep psychological pain that loved ones often endure after a tragic and preventable loss. These may include:
- Grief and sorrow;
- Anxiety, depression, or post-traumatic stress;
- Loss of companionship, guidance and emotional support; and
- Mental anguish and trauma from witnessing the death or aftermath.
Unlike financial losses such as medical bills or lost wages, emotional damages speak to the human impact—the loss of connection, stability, and peace that a family experiences. Hawaii courts recognize that wrongful death and emotional distress often go hand in hand—and in some cases, emotional harm may be the most devastating loss of all.
When Is Emotional Distress the Main Component of a Claim?
In some wrongful death cases, emotional distress may be the most significant form of harm suffered. This is particularly true when the deceased was not a primary source of financial support but played an irreplaceable emotional role in the family. For example, the death of a child or elderly parent might not result in significant economic damages, but the emotional trauma can be immense.
We often work with psychologists and grief counselors who help quantify the mental health impact of the loss. These professionals support your claim by providing insight into the depth of emotional suffering and how it affects daily life and long-term well-being.
How Courts Evaluate Emotional Distress in Hawaii
Hawaii courts consider emotional distress on a case-by-case basis, using a variety of factors to determine fair compensation. While there is no formula, the court may look at the duration and intensity of the emotional pain, whether the claimant sought therapy, and how the trauma affected their daily life and relationships.
Testimony from the claimant, family members, and mental health professionals all play a role. We guide families through this process by collecting meaningful evidence, collaborating with trusted mental health professionals, and presenting a compelling case that honors the depth of their loss.
Wrongful Death Pain and Suffering: What’s the Difference?
It is important to distinguish between two types of damages:
- The deceased person’s pain and suffering. This refers to what the person endured between the time of injury and death. These damages belong to the estate.
- Survivors’ emotional distress. These damages reflect what the family members experience after the loss.
Depending on the facts, both types of compensation may be available in a Hawaii wrongful death case.
Can You File for Emotional Distress if You Were Not Related?
Generally, Hawaii limits wrongful death claims to immediate family or dependents. Family relationships in Hawaii are not always determined by modern blood and marriage standards but may extend to traditional “Hanai” relationships in some cases. In cases involving negligent infliction of emotional distress (NIED), a bystander may have a claim if they:
- Were present at the scene,
- Had a close relationship with the deceased, and
- Suffered serious emotional harm from witnessing the event.
These cases are complex and require careful legal analysis.
Why Choose Cronin, Fried, Sekiya, Kekina & Fairbanks?
We have represented grieving families in Honolulu and throughout Hawaii for over 50 years. Our team understands that no amount of money can ease the emotional devastation of a loved one’s wrongful death. However, holding the responsible party accountable can provide a measure of closure and financial support.
Our attorneys handle every case with compassion and determination. We take time to understand your loss’s full emotional and practical impact, build a strong case rooted in compassion and detail, and advocate relentlessly for the justice your family deserves. We are proud to be one of Hawaii’s most trusted firms for wrongful death and emotional distress cases.
Contact Us Today
If you are suffering from emotional distress after the wrongful death of a loved one, reach out to Cronin, Fried, Sekiya, Kekina & Fairbanks. We offer free consultations and will evaluate your case with compassion and care.
Let our dedicated legal team support you through this deeply personal process and pursue the accountability that can bring both justice and a sense of peace. The path to healing begins with a conversation—contact us today to take the first step toward closure and justice.
Frequently Asked Questions
Can You Claim Damages for Emotional Distress?
Yes. Hawaii law allows certain surviving relatives and dependents to seek compensation for the emotional toll caused by the loss of a loved one in a wrongful death case. These damages acknowledge the real and lasting impact such a loss can have on a person’s mental health.
How Much Money Is Emotional Distress Worth?
There is no fixed amount. The value depends on the relationship to the deceased, the severity and duration of the emotional harm, and the impact on daily life. Our firm works with experts to support these claims. Each case is unique, and courts weigh several human and circumstantial factors when determining compensation.
How Do You Prove Emotional Damage?
You can prove emotional damage through personal testimony, testimony of family, friends and co-workers, therapy records, and expert evaluations. The more documentation you have, the stronger your case. Demonstrating consistent treatment and professional diagnoses can reinforce the credibility of your claim.
How Do You Calculate Damages for Emotional Distress?
Courts consider the duration, severity, and life impact of the emotional distress. While not an exact science, experienced attorneys can help present persuasive evidence to support a fair award. Using expert analysis and detailed personal accounts, we work to illustrate the depth of suffering in a clear and compelling way.
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