Can I sue the airline for emotional distress if my loved one was killed in a plane crash?

Yes, you can sue the airline for emotional distress if your loved one was killed in a plane crash in California. Under the California Civil Code, you may file a suit for emotional distress, also known as negligent infliction of emotional distress, if you “suffered severe emotional distress caused by the defendant’s wrongful conduct.” To be successful in a claim of emotional distress in California, you must prove that the defendant’s conduct was “outrageous,” meaning that it was so extreme and outrageous as to go beyond all bounds of decency. You must also show that the defendant’s conduct was the cause of your injury, that the defendant intended to cause emotional distress, or that a reasonable person in the same situation would have suffered emotional distress. Lastly, you must show that the emotional distress was so severe that it resulted in physical symptoms. The most common types of damages you can recover for emotional distress are for past and future pain and suffering, mental anguish, fear and anxiety, humiliation, inconvenience, and loss of society and companionship. However, recovery of emotional distress damages in plane crash cases is rarely successful unless it can be proven that the airline was aware that the crash was likely to cause emotional distress. In summary, you can sue the airline for emotional distress if your loved one was killed in a plane crash in California. To be successful, you must prove that the defendant’s conduct was outrageous, that it was the cause of your injury, and that the emotional distress was so severe that it resulted in physical symptoms.

Can I sue the airline for emotional distress if my loved one was killed in a plane crash?

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