How do they differ from Pain & Suffering?
In negligence or medical malpractice cases generally there are two types of damages that can occur. A cause of action for conscious pain and suffering is different from an action for wrongful death damages.
Wrongful Death Damages refers to economic loss to the distributes or heirs of the decedent. Wrongful Death Damages can take several forms. One type of economic or wrongful death damage in a civil negligence lawsuit is the lost earnings that the person who died would have provided to his distributes had he lived. Economic or pecuniary loss includes loss of support, voluntary assistance and possible inheritance, as well as medical expenses incidental to death and funeral expenses. The decedent's gross income at the time of death is the standard means to measure the value of past and future lost earnings.
Another type of Wrongful Death Damages is referred to as loss of the parental guidance and support of the loved one to his children who are under the age of 18 when the death occurred. In any wrongful death or personal injury lawsuit on behalf of an infant the Court must approve the settlement by way of something called a wrongful death compromise order [if the person died] or infant's compromise order [if the case involves an infant, which is defined as one under the age of 18 years].
A lawsuit for Wrongful Death must be brought by appointment of a personal representative of the decedent. This is usually the Administrator or Administratrix of the Estate (if the person who died had no will), or the Executor or Executrix of the estate (if the person who died had a will).
For more information on your rights and the difference between an action for Pain & Suffering and Wrongful Death, call the office of Edward Lemmo Esq. today. There is no obligation on your part and I will be happy to answer any questions you may have on the difference between Wrongful Death and Conscious Pain & Suffering causes of action in personal injury cases.
Ed Lemmo Esq. has significant experience in handling Wrongful Death and Pain & Suffering cases.
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