This is our second article on trying damages in a case involving the death of an adult child. In our last article, we focused on jury selection and opening statements. “Trying Damages in the Wrongful Death Case of an Adult Child,” NYLJ, Nov. 18, 2015. In this article we deal with testimony of medical and lay witnesses as to pain and suffering, testimony about the nature of the loss including the parents’ circumstances, and summation.
Proof of Damages
After proving the cause of death, the trial lawyer must offer competent proof of the damages in the case: both conscious pain and suffering and the wrongful death pecuniary losses. The witnesses to prove the pain and suffering may include family members, bystanders, friends, clinical physicians, forensic pathologists or the defendants themselves.
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