In a wrongful death case, pain and suffering is calculated through various factors to determine the damages awarded to the deceased’s family. Unlike economic damages, which are straightforward, calculating non-economic damages like pain and suffering is more subjective and complex.
First, the court considers the deceased’s pre-death suffering, assessing the physical pain and emotional distress experienced prior to death. This often involves medical records, eyewitness testimonies, and expert opinions. Jurors may take into account the nature of the injury and the duration of suffering.
Next, emotional suffering of the family members is considered. This can include grief, loss of companionship, and emotional anguish. The relationship with the deceased plays a significant role, with closer relationships generally yielding higher compensation.
Additionally, factors like the deceased’s age, health, and future earning potential are evaluated. Younger individuals with promising futures may attract higher damages due to the loss of potential income and experiences.
Finally, some jurisdictions use a multiplier method, where economic damages are multiplied by a certain number to estimate pain and suffering, or a per diem approach, assessing daily compensation for each day of suffering. Ultimately, the assessment is subjective and varies widely based on circumstances and jurisdiction.
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