Can a plaintiff sue for the pain and suffering of the decedent in a wrongful death lawsuit?
While a wrongful death award compensates the survivor, a pain and suffering award normally compensates the person who experienced the pain and suffering. Some states allow pain and suffering to be included in a wrongful death lawsuit; others do not. The pain and suffering must have been due to the injuries that eventually caused death, and the person who died must have been conscious enough to actually experience the pain and suffering.
Related Questions
- What if one or more of the survivors who are entitled to bring a wrongful death case decide that they do not want to sue?
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- Can a plaintiff sue for the pain and suffering of the decedent in a wrongful death lawsuit?