Can Someone Sue for the Pain and Suffering of a Decedent?

When an accident results in a wrongful death, the victim’s family suffers both emotionally and financially. Along with heartbreak, the family is left with medical costs, bills, funeral expenses, and more. There are two types of claims that can be made by the deceased person’s family in the event of a wrongful death. A wrongful death lawsuit allows the estate to be awarded damage for the beneficiaries of the deceased. Survival laws allow the estate to be awarded damages that the decedent could have recovered had they not died.

 

Wrongful Death Claims

Wrongful death claims allow relatives, whom the deceased provided financial support, to recover damages for loss of support for the period of time into the future that the deceased would have supported them. Generally, it is the person’s spouse or children that file the claim. A spouse will receive loss of support until the deceased’s presumed retirement age and minors receive loss of support through at least the age of 18. In order to be awarded damages for loss of support, the family member must prove that the deceased supported him/her financially and must prove the amount of the support.

 

Survival Actions

Another action the family of the deceased may take is under survival laws. This allows the estate to be awarded damages that the deceased incurred from the moment of the injury until the time of death, including pain and suffering. Damages may also be recovered for lost earnings until the time of death. It is important to note that if the victim died immediately as a result of the accident, pain and suffering may be harder to prove and the estate would not be entitled to any damages for the deceased’s lost earnings.

 

If you have lost a loved one to the negligence of another party, you deserve to receive every penny you are owed. Contact the Cochran Firm New York today at (212) 553-9215 for a free consultation.

 

Sources:

https://www.alllaw.com/articles/nolo/personal-injury/survival-actions-vs-wrongful-death-claims.html

https://www.justia.com/injury/wrongful-death/