Pain and Suffering in a Wrongful Death Lawsuit: How it Works

The sudden death of a loved one can create an immediate hole in your life as you grasp to deal with the aftermath of their loss. During this time you will experience tremendous pain and suffering that can’t be easily quantified like the other financial losses you may have endured. Likewise, your loved one may have endured much pain and suffering before their death for which you may be able to obtain compensation. Knowing how to do that can help you and your loved ones take greater strides toward financial recovery in the wake of the loss of your loved one.

Are Pain and Suffering Included In A Wrongful Death Lawsuit?

In short, yes, you can obtain compensation from the party that is responsible for your loved one’s wrongful death for the pain and suffering that they endured. This can be a substantial source of compensation for their survivors and may be critical to their well-being in the absence of the loved one’s income, knowledge, companionship, and other forms of wealth they are no longer able to give to you.


Judge Dan Hinde

How Do You Sue for Pain And Suffering for a Loved One

Suing for pain and suffering for your loved one works the same as anything else you would include in the wrongful death lawsuit. You will want to establish that the party responsible for your loved one’s death also contributed to the pain and suffering they experienced after the accident.

Speaking with professionals experienced in obtaining compensation for pain and suffering and wrongful death lawsuits, such as the  injury lawyers from Sink Law, can give you an advantage as you pursue your claim against the responsible party. Keep in mind that pain and suffering, together with wrongful death are complicated cases that sometimes are very hard to prove, if at all. For this reason, you need seasoned lawyers by your side. If your legal team needs to win a case proving that someone was responsible for your loved one’s pain and suffering or wrongful death, it is best to hire lawyers from your state, as the laws on negligence tend to vary.

What Does It Take to Establish That My Loved One Experienced Pain And Suffering Before They Died?

Your loved one is not able to testify to their pain and suffering, but other experts can give insight as to what they may have experienced. Medical professionals often serve as professional witnesses for those who aren’t able to speak for themselves. They can describe what victims typically feel in the situation like what your loved one endured.



Who Can Sue for Pain and Suffering in a Wrongful Death Case?

The loved one’s survivors may sue for pain and suffering in a wrongful death case. If their surviving spouse cannot do it, or if they have no surviving spouse, the person’s children may be able to file a claim. However, if there are no children, then the state may file a claim for them.

How is Pain and Suffering Calculated?

Calculating pain and suffering is a difficult matter that is open to much negotiation. However, there are typically two methods by which this is done:

  • Per Diem: In this method, the amount of pain and suffering is determined to be equal to the victim’s last wages had they been able to work the days in which they were suffering.
  • Multiplier Method: in this method, a person’s pain and suffering is equal to some amount of their medical expenses, times a multiplier, which is typically 1.5 to 5, depending on the severity of the pain and suffering that it is believed they experienced.

Final Thoughts

Many people aren’t aware that their loved one’s pain and suffering before their deaths can be a source of compensation for their survivors. Knowing how to investigate this is critical to obtaining the maximum amount of compensation you and their survivors may receive. It can be painful to think about what your loved one might’ve endured in their last moments or over the course or in the moments before their death but understanding this can help you ensure that they leave you in the strongest financial position possible.


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