What You Need to Know About Pain & Suffering Damages for Wrongful Death Claims
After their loved one has died in an accident, some families are hesitant to file a claim for wrongful death. Often, families of the deceased think that a lawsuit will only add to their grief. Although no amount of money can ever bring back the deceased, the damages awarded in a successful wrongful death lawsuit can help ease the financial burdens that the family has to deal with. In this blog, we talk about pain and suffering damages for wrongful death claims.Pain & Suffering Damages
Not every wrongful death case will be eligible for pain and suffering damages. But when these damages are awarded, they can be quite substantial. Pain and suffering damages are supposed to compensate the family members who have experienced emotional distress after the death of their loved one. These damages tend to be awarded in cases involving survivors who have suffered severe trauma or shock as a direct result of their loved one’s death. For example, a child who witnessed the death of their parent might be awarded pain and suffering damages by the court.
The main damages that can be awarded in a pain and suffering case are:
- Conscious pain & suffering before death
- Loss of life
- Loss of earning capacity for duration of life
In order to determine who can be awarded compensation in a wrongful death case, courts will look at a number of different factors regarding the deceased and their relationship with their surviving family members. The surviving spouse, parents, or children can recover damages for loss of consortium. A spouse can recover up to $150,000, while a parents and children can recover up to $50,000. Additional damages can also be awarded for negligent infliction of emotion distress.
Wrongful death damages can be awarded to the following parties:
- Other dependent’s
Depending on the details involved in your wrongful death lawsuit, courts can also choose to award punitive damages to the surviving family members. Punitive damages are given in cases involving especially reckless or egregious actions that resulted in the death of the deceased party.
To determine if someone is eligible for pain and suffering compensation, courts look to see if the following factors are present:
- There must be a close familial relationship to the decedent
- The plaintiff must have witnessed the decedent’s death
- There must be a physical manifestation of the distress, such as hives, fainting, development of mental disorder, etc.
At Injury Law Center, our team of lawyers are committed to helping our clients obtain maximum compensation for their personal injury and wrongful death cases. Calculating damages for your wrongful death case can be extremely complex, which is why we are here to guide you through the entire process. Our legal team has a strong sense of compassion and justice, and we are prepared to use our skills and resources to pursue your claim. Let us get to work on your case today.