Can The Victim’s Family Seek Pain And Suffering Damages In A Wrongful Death Claim?

The pain of losing a family member is probably one of the most difficult times in life. Often in a wrongful death case, the surviving members are hesitant to file a claim, as they think it will only add to their grief. This is a misconception. Although nothing can bring back a deceased person, monetary compensation can help the family manage their financial burdens. Contact Chichyan Law to get legal advice from our lawyer for wrongful death cases.

In most wrongful death cases, the damages that most people seek include medical bills, funeral costs, lost wages, and burial expenses. However, one should not ignore the pain and suffering that the victim went through during the incident. Contact a Stockton wrongful death attorney to see whether you can obtain pain and suffering damages from your wrongful death claim. 

What are pain and suffering damages?

Pain and suffering damages refer to the physical pain and mental anguish that the victim went through before they finally succumbed to their injuries. Since there are no exact bills or costs of these damages, they are quite difficult to calculate. Such types of damages are known as non-economic damages. 

Can you get pain and suffering damages in a wrongful death claim?

In Stockton, California, the government allows one to file for pain and suffering damages in a wrongful death claim. If you have lost a loved one in an accident, you can ask for monetary compensation for the physical and emotional stress caused by the injury. 

It is noteworthy that not all wrongful death cases are eligible for pain and suffering. Consult with an attorney to make sure your case is suitable for the claim. When these damages are awarded, they can be substantial. These damages are also awarded to compensate the family members for the shock and trauma they have gone through—for example, a child witnessing the death of their parents.

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The main damages awarded included: 

  • Loss of life
  • Loss of earning capacity for the duration of life
  • Conscious pain & suffering before death

How are pain and suffering calculated?

There are two widely used methods for calculating pain and suffering. They are: 

  • Multiplier method: In this method, the cost of all the economic damages is combined and then multiplied with a number range between 1 to 5. The more severe the injuries are, the higher the multiplier is. 
  • Per diem method: In this method, a daily rate of suffering is selected and then multiplied with the number of days the injuries impacted the victim’s life before they died. 

Pain and suffering damages are complex areas of the law. Contact an attorney today. 

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