No money can ever replace a loved on, however, the law does not provide for any type of compensation in survival action cases other than economic. With that said, the courts and the court system allow for money damages to be assigned to somebody’s pain, suffering, or emotional distress. Therefore if you have suffered a loss due to the negligence of another person or business, it is important you seek legal representation to put forth the strongest claim possible.
Pain and Suffering
The damages that generally go along with pain and suffering include what a person is feeling from the injury, how it affected their life, and how they had to suffer through daily activities which used to be easy for them. Whether it is putting on shoes and socks, picking up their child, going to work and doing some kind of labor, or even sitting at the desk and their back continuing to hurt, this is pain and suffering that can be proven in a typical injury case.
Unfortunately, in a wrongful death case, the only way to measure pain and suffering is by looking at the extent of the relationship lost from the person who has died. In the court system, there is never a way to bring back that lost loved one. The only compensation the courts are allowed to give a survivor is money from the loss of that person’s companionship and economic support, but as any person knows, there is no economic value of a loved one. Therefore, the way pain and suffering are measured is whatever the lawyer can prove that a client’s pain and suffering is.
Pain of the Deceased
Survivors are not compensated for the pain which someone else suffered. Survivors are compensated for the pain they are suffering because of the loss of that person. Sometimes, there is pain and suffering given for the person who is deceased based on the pain that they suffered from the time of injury till the time that they die although, those are damages awarded to the estate to be distributed.
Medical bills are what we call special damages in Florida. They are a conglomerate of all of the costs associated with medical treatment for an injured individual and the medical bills in psychiatric care for the individuals who survived the person who died. All of these are recoverable in a claim against a person who is liable for the loss of that family member.
Common in Survivor Action Suits
Sometimes, medical bills can be from a psychiatrist or psychologist, which a survivor has had to pay for because of the emotional distress they suffered as a result of this wrongful death. A lot of times, it is hard to cope when a person has lost a loved one. They can rack up quite a large number of bills just trying to get their head straight and back into their normal life routine.
A person can be so thrown for a loop if their husband or wife, their parent or child, passes away instantly as a result of the actions in a wrongful death case. It can really take a lot of time and energy from medical professionals to try to get the survivor back to being an active, participating member of society.