“Proof the following facts, among others, will tend to establish the particular damages the plaintiffs are entitled to recover for the wrongful death of a child under “typical” wrongful death [for the benefit of surviving parents, etc.] and survival [for the benefit of decedent’s estate] statutes: Items of damages potentially recoverable by surviving family: Medical and funeral expenses; Loss of support and services [parents’ ages, health, etc., parents’ occupations and income, decedent’s age at time of death, decedent’s personality and physical condition, intelligence and special skills/aptitudes, etc., decedent’s past educational and other accomplishments, decedent’s past contribution of income to family, decedent’s past contribution of services to family, anticipated future contributions of income and/or services by decedent to family, absence of other children in family]; Loss of love and companionship- plaintiffs’ mental anguish, grief [closeness of family, decedent’s lovable, positive personality, plaintiffs’ lack of and/or inability to have other children, plaintiffs’ observation of decedent’s pain and suffering, physical and/or mental deterioration, etc. before death, plaintiffs’ depression and other symptoms of mental anguish following death, past treatment for mental anguish being experienced, expert opinion that death and surrounding circumstances caused mental anguish being experienced, expert opinion as to future duration and effect[s] of mental anguish being experienced]; Physical manifestations of plaintiffs’ mental anguish [description of symptoms, nature and duration of treatment, prognosis]; Items of damages potentially recoverable by child’s estate; Loss of prospective earnings or savings [expert opinion as to decedent’s earnings potential, expert opinion as to appropriate present value of decedent’s net earnings potential]; Loss of life expectancy [expert opinion as to decedent’s life expectancy]; Decedent’s pain and suffering [consciousness during period in question, verbal and nonverbal expressions of pain, duration of pain and suffering, expert opinion as to likely painfulness of injury in question]; Punitive damages [defendant’s wilful misconduct, defendant’s reckless conduct or gross misconduct, malicious nature of defendant’s conduct].”
[Stein on Personal Injury Damages [certain citations omitted]]
