If someone suffers a wrongful death in Buffalo, their estate can sue for the pain and suffering that individual experienced prior to death. This area of law may, however, be a very difficult to prove.
Unlike other issues that may form a basis for monetary compensation in a wrongful death case, such as loss of the deceased’s future income, pain and suffering is very subjective. This problem is compounded by the fact that, unlike a personal injury case, the individual who suffered pain obviously cannot provide testimony regarding the experience.
As a result, the degree of pain and suffering experienced usually can only be determined based on factors such as how long the deceased individual survived after being injured, whether he or she was conscious, and the testimony of other individuals about what that individual seemed to be experiencing.
Because of the variety of factors involved and its subjective nature, the amount of compensation awarded for pain and suffering in wrongful death cases varies greatly. An experienced personal injury attorney can provide guidance regarding how important a role this factor should play given the specific facts surrounding a wrongful death.
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