Pain and Suffering in Wrongful Death Cases

Pain and suffering damages can add significant compensation in wrongful death cases. When a tragedy occurs resulting in the death of a loved one, surviving family members are often overwhelmed and unsure about how to proceed. If you lost a loved one because of someone else’s negligence, you should not have to face this unimaginable challenge alone. An experienced Colorado wrongful death attorney can help you navigate the complex legal landscape of achieving justice for your loved one.

Wrongful death lawsuits are typically filed against individuals, companies, or entities whose negligence, recklessness, or intentional actions caused the death of another person. Common defendants include negligent drivers, healthcare providers, manufacturers of defective products, and property owners or managers responsible for hazardous conditions.

This article aims to provide a comprehensive understanding of pain and suffering damages in wrongful death cases.

Pain and Suffering Damages in Wrongful Death Cases

Colorado law allows a decedent’s spouse to bring a wrongful death claim during the first year following the decedent’s death. The spouse may file independently or allow the decedent’s children to join. During the second year following the decedent’s death, the following people may bring a claim independently or jointly:

• Spouse of decedent
• Heirs of decedent
• Designated beneficiary of decedent

There are no limits on economic damages in Colorado, except in medical malpractice and dram shop cases. However, Colorado does cap recoverable non-economic damages, like pain and suffering, in wrongful death cases. In 2020, The current limit is $642,180 for claims accruing through December 31, 2023. The Colorado Secretary of State has not yet announced limits for claims accruing beginning January 1, 2024, so the $642,180 should be assumed for now until otherwise announced.

Determining Pain and Suffering Damages

Victims may live for an extended periods of time between the incident and their death. Your loved one may have suffered severe pain or developed a serious illness before ultimately passing away. The extent of the pain and suffering your loved one experienced factor into what you and other heirs can recover.

It is important to determine exactly what kind of pain and suffering your loved one suffered before their death. The following is a non-exhaustive list of types of pain and suffering someone may experience before they pass away:

• Physical Pain
• Emotional Distress
• Disfigurement
• Disability
• Post-traumatic stress disorder

Determining what your loved one experienced is a challenge. You may need to look at comprehensive evidence, some of which may be several months or years old. Potential evidence include medical records, expert testimony from medical professionals or any documents that evidence your loved one’s own words and experiences.

An experienced Colorado wrongful death attorney will identify and collect all available evidence to ascertain exactly what your loved one experienced.

Quantifying Pain and Suffering

Pain and suffering damages are not easily calculated. Unlike medical bills and lost wages, there is not a quantifiable number you can pinpoint. Identifying the following information will factor into what your loved one’s pain and suffering may be worth:

• Severity of Injuries – The extent and severity of the injuries your loved one suffered play a significant role in quantifying pain and suffering. More severe injuries that result in prolonged pain and suffering generally warrant higher compensation. Considerations of the severity of damages include the actual physical discomfort and suffering endured by the victim, such as pain from injuries, surgeries, and treatments.
• Duration of Suffering – The length of time the your loved one experienced pain and suffering before they passed is considered when determining compensation for pain and suffering. Generally, the longer the duration of suffering, the more the potential compensation.
• Impact on Daily Life – The extent to which the injuries impacted your loved one’s ability to perform daily activities, work, and engage in hobbies or social interactions is considered when determining pain and suffering damages. In certain situations, your loved one may have been able to participate in daily activities in a limited manner before deteriorating over time prior to their passing.
• Emotional Impact – The emotional toll your loved one experienced due to the accident, including psychological trauma, anxiety, depression, and loss of enjoyment of life, is evaluated.

Multiplier Method versus Per Diem Method

While there is no official formula, there are two general methods of quantifying pain and suffering in wrongful death cases.

1. Multiplier Method – The victim’s economic damages are multiplied by a number between one and five. The more severe the injuries and suffering prior to your loved one’s death, the larger the multiplier.
2. Per Diem Method – The pain and suffering damages are calculated by establishing a per day monetary award and multiplying it by the number of days the victim lived after suffering their injuries.

The monetary value of pain in suffering in wrongful death cases can vary widely depending on factors such as the circumstances of the case, the jurisdiction, and the damages incurred. It is important to consult with an experienced Colorado wrongful death attorney for an accurate assessment of potential damages.

Punitive Damages in Wrongful Death Cases

Cases where the wrongdoer’s actions were particularly egregious or reckless, punitive damages may be awarded to punish them and deter similar conduct in the future. Punitive damages are intended to send a message that such behavior will not be tolerated in society.

Examples of where punitive damages may be appropriate include drunk driving accidents and product liability matters. Courts will also consider the wrongdoer’s past patterns of behavior. If the defendant has been involved in multiple similar incidents in the past, there is a greater likelihood punitive damages will be appropriate.

Contact an Experienced Wrongful Death Attorney

Pain and suffering damages play a crucial role in wrongful death cases. While it will never make up for the loss of a loved one, obtaining a fair value for your loved one’s pain and suffering can provide a feeling of justice and mild relief. For much more detailed information about wrongful death claims, check out our blog entitled “Wrongful Death Lawsuits in Colorado.”

Insurance companies will vigorously fight for the lowest payout possible. Insurers may act like it, but they do not care about your and your loved one’s pain and suffering. They only want to pay you a minimal amount and move on to other matters. It is a good idea to consult with an experienced wrongful death attorney to ensure you are not short-changed by the insurance companies in these difficult times.

If you are considering filing a wrongful death claim in Colorado, it is a good idea to consult with our Colorado wrongful death attorneys at Bowman Law. We have handled countless wrongful death cases over the years and can certainly help guide you and your family following the death of a loved one. Wrongful death cases can be complicated, and the wrongful death attorneys at Bowman Law can explain how the law might apply to your specific situation. Call Bowman Law today at 720.863.6904 or email us for your free consultation.