How to Calculate Pain and Suffering in Wrongful Death Cases in California?

When someone dies due to the negligence of another, the law permits recovery for non-economic damages such as mental and emotional distress, loss of society and companionship, and other non-economic losses. This may leave you wondering how to calculate pain and suffering in wrongful death cases in California. Understanding how courts and juries approach pain and suffering is essential for anyone navigating a wrongful death claim in California.

Hire a Wrongful Death Lawyer

With decades of proven experience, Amendt Law has earned a reputation for skilled advocacy in complex wrongful death cases across California. Attorney Christian J. Amendt combines in-depth legal knowledge with a compassionate approach, ensuring families feel supported during their most difficult times.

Our track record of successful verdicts and settlements reflects both authority and trustworthiness. By choosing Amendt Law, you gain a dedicated advocate who understands how to calculate pain and suffering and fight for justice.

Understanding Pain and Suffering in Wrongful Death Cases

Damages in California wrongful death cases are generally categorized into economic and non-economic. Economic damages are calculated based on medical expenses, funeral costs, and lost financial support, all of which can be supported by receipts, invoices, and pay stubs.

Non-economic damages, also known as pain and suffering, are damages for the loss of a loved one. Examples of this kind of loss include the loss of companionship, affection, comfort, and guidance.

California wrongful death damages for pain and suffering are intended to recognize these losses because no amount of money can bring back a deceased loved one. In this way, these damages are different from economic damages, and their recovery requires evidence beyond receipts and pay stubs.

Factors Courts Consider When Determining Pain and Suffering

Courts and juries in California consider several factors when determining the number of damages to award for pain and suffering in a wrongful death case. These factors may include:

• Relationship to the deceased. The loss of a spouse, parent, or child may carry greater weight based on emotional closeness and dependency.
• Age and health of the deceased. Younger, healthier individuals are often viewed as providing longer-term support and companionship.
• Impact on survivors. Emotional trauma, counseling needs, or lifestyle disruptions can demonstrate the depth of suffering.
• Testimony and evidence. Statements from family, medical professionals, or other highly qualified sources help convey the emotional toll.

Methods Used to Calculate Pain and Suffering

California does not use a specific formula when calculating the amount of compensation a family can get for pain and suffering in a wrongful death lawsuit. Instead, there are two common ways of proving this element of damages. First, the per diem approach involves assigning a value to the family’s suffering each day and projecting that out over the expected duration of the loss.

Second, there is a method of reviewing the available jury verdicts in comparable cases to arrive at an appropriate award. A personal injury attorney may also use witnesses with professional knowledge to demonstrate the impact of the loss on family members’ psychological well-being.

As such damages are subjective, effective evidence and argument are crucial to ensuring that the resulting compensation is fair and adequate. A family with a good understanding of these factors is more prepared to pursue maximum compensation for the intangible losses they have suffered.

FAQs

How Do You Calculate Pain and Suffering in Wrongful Death Cases in California?

Pain and suffering damages are non-economic damages that compensate for the emotional losses associated with the death of a loved one. Juries in California generally rely on discretion instead of using formulas for these damages. When determining damages, courts consider the relationship between the deceased and family members as well as their emotional distress and loss of companionship. The subjective nature of this area requires strong evidence and testimony to help the court understand the depth of loss.

What Factors Do Courts Consider When Awarding Pain and Suffering?

Courts consider various factors, such as the closeness of the relationship, the emotional trauma suffered, and the role the deceased played in the family’s life. Testimony from family members, friends, or mental health professionals may be used to help establish the extent of the loss. Each case is unique, and awards can vary widely depending on how effectively the evidence is presented to show the true emotional impact of the wrongful death.

How Can Families Prove Pain and Suffering in Wrongful Death Cases?

Proving pain and suffering involves presenting both emotional testimony and supporting evidence. Family members may share how the loss has affected their lives, while qualified professionals can provide insight into the psychological impact. Diaries, therapy notes, and family lore can also help support a claim. A talented wrongful death attorney can help families prepare.

Why Is Calculating Pain and Suffering So Difficult in Wrongful Death Cases?

The intangible nature of pain and suffering damages prevents the use of specific calculation formulas. A parent’s emotional loss is different for each family and can depend on many factors, including the closeness of the relationship and long-term effects. The award decisions rely on testimony from witnesses, professional opinions, and persuasive evidence provided.

Since emotional damage calculations lack precise formulas, the right strategy to ensure a family receives fair compensation is through building their strongest possible legal case.

California Wrongful Death Lawyer

The death of a loved one because of negligence is a horrific experience. In fiscal year 2022–23, California courts recorded 40,102 Unlimited Civil filings, which include wrongful death. While nothing can truly repair the damage and heartache caused by such a tragedy, California’s legal system allows families to obtain justice and compensation for wrongful death, encompassing the loss of their loved one’s companionship and emotional support.

In addition to any expenses and loss of financial support, California also allows families to recover damages for pain and suffering for the loss of their loved one’s company, comfort, and emotional support. Pain and suffering damages are inherently subjective and must be proven by each party through evidence, testimony, and persuasive legal arguments.

Families grieving the loss of a loved one do not have to suffer alone and without representation in a court of law. Amendt Law provides your family with our extensive wrongful death case experience, combined with professional knowledge, to help you acquire rightful justice. Contact us today for a consultation to begin the process of hiring a wrongful death lawyer you can trust.