Section 20 Damages for Pain and Suffering in a Wrongful Death Action

• Library: Damages 2012

Under Missouri law, it is clear that the plaintiffs in a wrongful death action are entitled to recover for pain and suffering sustained by the decedent between the time of the decedent’s injury and the time of death. Section 537.090, RSMo Supp. 2011, specifically provides that “the trier of the facts may award such damages as the deceased may have suffered between the time of injury and the time of death.” Also, MAI 5.01 [1996 Revision] Notes on Use 3, the wrongful death damage instruction, specifically...