According to the Journal of Empirical Legal Studies, most states and jurisdictions allow families to collect pain and suffering in wrongful death lawsuits. Yet, while many jurisdictions allow families to collect these damages, some jurisdictions, like Boise, don’t allow a victim’s loved ones to seek pain and suffering in a wrongful death lawsuit.
Assessing pain and suffering when a victim survives is difficult enough, but assessing pain and suffering when a person dies as a result of negligence can be even more challenging. Many states do not allow victims’ families to sue for pain and suffering experienced either by the victim before death or by the family as a result of the death. Under Idaho law, families are not allowed to seek damages for pain and suffering in a wrongful death case.
Some might find it odd that families can seek damages for pain and suffering when a loved one lives, but cannot seek these damages when a loved one dies. According to the Journal of Empirical Legal Studies, the difficulty of finding sufficient evidence may be one of the major bars for states and jurisdictions that do not award pain and suffering damages in wrongful death cases.
Yet, even though families cannot seek pain and suffering in wrongful death cases in Boise and Nampa, there are other ways families can seek the compensation they deserve. A wrongful death lawyer in Boise or Nampa may able to assist families in seeking loss of consortium damages.
Most states that allow families to seek pain and suffering damages allow parents and spouses to seek damages for loss of parental consortium or loss of spousal consortium. Idaho, while not allowing pain and suffering damages, does allow families to seek loss of consortium damages. “Loss of consortium” refers to the loss of family ties and relationship that results when a loved one dies. This is the comfort, both psychological and physical, that a loved one can provide. According to the American Bar, families have the right to seek loss of consortium damages for each family member who suffers a loss as a result of the wrongful death. This means that children, parents, and spouses may each be able to make a case for loss of consortium damages.
Of course, each case is unique. Separated couples, estranged children, or distant family members won’t have a strong loss of consortium case. It is important that families who are grieving following a loved one’s death seek out proper legal advice to ensure that the strongest possible case is made.
The Law Office of Johnson & Lundgreen are wrongful death lawyers in Boise and Nampa, Idaho who offer qualified representation to families in need of justice. The time following a family member’s death can be incredibly emotionally trying and draining. Families may not always know where to turn or what to do. Johnson & Lundgreen offer compassionate and caring assistance to families during this challenging time.