Can my family obtain pain and suffering damages in a wrongful death claim?

When a loved one dies suddenly in an accident, family members have the right to hold the at-fault person accountable. A wrongful death claim can help family members obtain both a sense of justice for their loved one and compensation to address the family’s needs related to the death. This compensation can cover outstanding medical bills, funeral expenses, and lost wages that would have been earned by the deceased. In addition, it is possible to obtain compensation for pain and suffering.

Pain and suffering refers to a variety of physical and emotional hardships experienced by the plaintiff after the car accident. In the case of a wrongful death claim, it addresses the non-financial challenges faced by surviving family members because of the death. It can include the emotional and mental difficulties of grieving a loved one, as well as the anxiety, shock, insomnia, depression, and loss of enjoyment or companionship.

 

It is important to note that the courts also recognize the pain and suffering of the deceased during the time between the accident and the death. This type of pain and suffering compensation would be obtained through a survival action, as opposed to a wrongful death claim. 

Some types of damages are straightforward; it is easy to add up all the medical bills and calculate the amount of loss. When it comes to pain and suffering, however, there is much more gray area. It’s harder to assign a monetary amount to an intangible. When determining an appropriate amount of compensation for pain and suffering, insurance companies often consider:

● Type of injury and treatment suffered by the deceased

● Type of treatment sought by surviving family member from a mental health expert

● Length of treatment

● Testimony of friends, relatives, and treating physician

● Consistency in reporting symptoms

● Willingness to discuss pain and suffering openly