Determining how much pain and suffering the decedent experienced at the end of their life is always a gray area. One way it’s proven is through people who spent time with that person in their final moments. You’ll have individuals who have been to the hospital with that person before they died, who talk about what they saw from the decedent, what he was saying, what kind of condition he was in or what kind of pain level he had to prove that he was in pain and was suffering for x-amount of time that way.
Sudden Death: Pain and Suffering in an Auto Accident
Determining the pain and suffering in sudden death is based on the same factors. An example might be an instance of a plane crash where the engine stalled and for the 30 seconds the plane is dropping. All of the passengers would have suffered a lot of fear and anguish, so there is a wrongful death suit against the manufacturer or airline for the act of the airplane crash, and they recover for the 30 seconds of anguish and pain that the decedents were going through as a result.
If an unborn child is lost in an automobile accident and the mother survives, pain and suffering would go to the mother and the father for grief and sorrow, which every juror can understand.