Dealing with the loss of a loved one is a difficult thing. Facing the death of your loved one because of another person’s negligence is an even bigger tragedy. The family members will always wonder if things could have been different.
If you believe that wrongful death was the case for the demise of your loved one, you should consult a New York wrongful death attorney and file for a wrongful death claim.
Many families face immense financial obstacles after their loved one dies. But, besides that, the pain and suffering (prior and after) the death should be considered as well. You can seek pain and suffering claims as well.
What Is Pain and Suffering Settlement?
Pain and suffering are one of the damages the victim’s family may be entitled to receive when filing a wrongful death claim. Often it’s measured like pain and suffering damages in personal injury cases. In both cases, damages split into economic and non-economic categories.
- Economic damages – these include things such as medical expenses, funeral bills, loss of income, and are easier for calculation.
- Non-economic damages – these aren’t easily measurable like economic damages. Non-economic damages refer to how the injury or death affected the victim, and how the victim’s family will be affected in the future. Pain and suffering fall into this category of damages.
In a wrongful death case, the surviving family members of the deceased can get damages for the pain and suffering that their loved one went through before their death, whether it occurred almost immediately in a car accident, or after being treated in a hospital for s certain period.
It’s quite difficult to put a monetary value on the pain and suffering a person is feeling because it doesn’t frame physical damages. This can be extended to a person’s mental health long after the physical injuries have healed.
How is Pain and Suffering Calculated?
Two methods are widely used to calculate how much pain and suffering damages will worth. For a precise calculation, you should consult with an experienced wrongful death attorney. Here are the two methods:
- Multiplier method – When using this method, all expenses such as medical bills, funeral expenses fees, will be multiplied by a number that ranges from 1 to 5. The resulting figure represents the value of the victim’s pain and suffering. The more severe the injuries or the longer the victim suffered before they died, the higher the multiplier. This figure is typically a rough estimate of what could be claimed. There is no guarantee that it would be the actual amount of damages.
- Per diem method – This one is similar to the multiplier method and provides a rough estimate of the pain and suffering damages that the family could collect. A “daily rate” is selected and multiplied by the number of days that the accident and injuries affected the victim’s life before the time of their death.
Pain and Suffering Damages in New York
In New York, the family of the victim isn’t entitled to compensation for pain and suffering. They can recover some of the victim’s pain and suffering. If a person dies in a car accident, the family can claim damages for emotional pain and suffering the victim would have been entitled if they survived.
New York is one of the few states that doesn’t set limits on the number of damages that can be claimed in wrongful death or personal injury cases. The jury can award any amount that they believe will cover a full compensation for the victim, within reason. In some states, there is a fear that juries will award a higher claim that is economically deserved to a sympathetic plaintiff. To avoid this, there is a cap set on the number of damages that can be given in personal injury or wrongful death cases. New York doesn’t set any of these limits; the state lets all victims have a chance to get the full amount of compensation they deserve.
If you have recently lost a loved one and the case is considered a wrongful death (medical malpractice, negligent car accident, or any other similar accident that occurred because of someone else’s negligence or mal intention) you should seek a wrongful death claim.
Our team at Cellino Law is here to help you. If you live in Manhattan, Long Island, or Buffalo, we’ll be glad to help you. Call our office and schedule your free case evaluation.