Robert A. Solomon, P.C.
Two Offices Serving New York & New Jersey

Pain and suffering damages in a wrongful death lawsuit

When we drive by an accident site, we are likely to see the physical damage to the vehicles involved. If occupants are being transported into an ambulance, we can assume injuries were suffered. While a mere glimpse of a car accident can convey that injuries and damages are involved, this does not begin to explain what an accident victim has gone through. While a civil action can directly address the injuries and damages caused, this does not touch on the actual pain and suffering involved in the incident, especially if a life is lost.

A wrongful death action following a fatal car crash often addresses the direct damages related to the incident. This frequently includes medical bills, funeral costs, lost wages, loss of companionship and other related damages. One damage that some do not realize is pain and suffering. This focuses on the pain and suffering the victim suffered from the time of the incident until he or she passed from the injuries suffered in the car accident.

Because it is difficult to calculate this type of damage, family members need to provide documentation that helps calculate this non-economic damage. Certain factors, such as the type of injuries, what medical interventions were provided and the length of time from injury until death are important when attempting to determine pain and suffering damages.

The loss of a loved one is a challenging event to overcome. It may be very difficult to cope with and no monetary award will make up for this loss. However, seeking damages through a wrongful death action could help address the harms and losses suffered in a car crash caused by a negligent driver.

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