In a wrongful death case, calculating pain and suffering is a complex process that often hinges on emotional and psychological impacts experienced by the deceased’s family and loved ones. Unlike tangible damages such as medical expenses or funeral costs, pain and suffering are subjective and can be more challenging to quantify.
One common method to assess pain and suffering is the multiplier approach, where a sum of the economic damages (like lost income and medical expenses) is multiplied by a figure between 1 and 5, reflecting the severity of the pain and loss. A higher multiplier might be applied in scenarios where the deceased experienced significant suffering before death or when the emotional impact on the family is profound.
Another approach is the per diem method, which assigns a daily rate for pain and suffering based on the victim’s life expectancy. This daily figure is then multiplied by the number of days from the injury until the date of death.
Additionally, juries often consider factors such as the nature of the deceased’s relationship with survivors, the deceased’s age, lifestyle, and the impact of the death on the family’s day-to-day life. Ultimately, the calculation of pain and suffering in a wrongful death case requires a nuanced understanding of emotional loss, which varies by individual and circumstance.
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