Section 9 Decedent’s Suffering Between Injury and Death

LibraryDamages 2012

Survival damages, those damages “the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued” are recoverable under § 537.090, RSMo Supp. 2011.

These damages include the special damages incurred by the decedent as well as the pain and suffering suffered by the decedent in the time frame between injury and death. Powell v. Am. Motors Corp., 834 S.W.2d 184, 186 (Mo. banc 1992). These damages must...

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