In a wrongful death case, pain and suffering are evaluated through a combination of legal, medical, and emotional factors. Typically, this assessment considers the deceased’s level of suffering prior to death, as well as the emotional impact on surviving family members. To calculate pain and suffering, attorneys might use several methods, such as:
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Multiplier Method: This approach takes the total of economic damages (like medical expenses and lost wages) and multiplies it by a number—often between 1.5 and 5—based on the severity of pain and suffering.
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Per Diem Method: Here, a daily rate is assigned to the deceased’s pain and suffering, which is then multiplied by the number of days they endured suffering until death.
Additionally, evidence such as medical records, expert testimonies, and emotional statements from family can profoundly impact the outcome. Ultimately, the goal is to assign a monetary value to the intangible losses experienced by victims and their families.
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