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(314) 500-HURTConscious pain and suffering. When tragedy strikes and someone you love is unjustly taken from you, understanding the intricacies of legal terminology is likely the last thing on your mind. However, the legal concept of “conscious pain and suffering” is important for families filing survival action claims. While wrongful death claims address the profound loss survivors feel, survival action claims seek justice for the distress and agony experienced by the deceased from the time of the injury to their untimely passing.
If a loved one passed because someone else broke the rules, Burger Law will hold the liable party accountable, stand up for justice and get you and your family the recognition and full financial recovery you deserve. With offices in St. Louis, Chicago and elsewhere, we fight for surviving family members throughout Missouri and Illinois. Call us today at or contact us online for a free case review.
You may have heard of pain and suffering in personal injury claims. Pain and suffering are non-economic damages that compensate the injured for the physical discomfort and mental anguish stemming from their injuries.
“Conscious pain and suffering” is a legal term that comes into play within survival action claims. Survival action claims compensate surviving family members for the damages the loved one sustained while they were still alive*. Conscious pain and suffering specifically refers to the distress and torment – both physical and emotional – that your loved one experienced between the time of their injury and their passing.
*You can read more about the difference between a survival action and wrongful death claim here.
In order to make a claim for conscious pain and suffering, courts require that your loved one was conscious, aware of their injuries and able to perceive the pain.
Understanding and recognizing conscious pain and suffering is crucial in ensuring justice is served. It acknowledges the agony endured by your loved one and seeks compensation for that specific anguish, separate from other damages like medical bills or lost wages. The “purpose” of civil claims for injuries is to make you whole again. No lawsuit can bring back a family member, so our justice system uses monetary compensation as a way to provide survivors with justice, recognition and a more secure future without their loved one. At Burger Law, we demand that negligent parties are held accountable for the pain they’ve caused. We know the profound impact these experiences have had on you and your loved ones, and we’re committed to fighting for justice on your behalf.
The following scenarios aren’t based on actual cases, but offer insight about when and how conscious pain and suffering is a part of survival action and wrongful death claims:
Whether it lasts moments or months, the impact is profound. At Burger Law, we understand this gravity, and we’re committed to fighting for justice for those who’ve endured these harrowing experiences. Every moment of life has value, and we’re here to ensure your loved one’s darkest moments are acknowledged and compensated.
Pain and suffering is inherently subjective; none of us can know exactly how someone else is feeling. But, there are ways to demonstrate to an insurance adjuster, judge and/or jury how your loved one spent their final moments, days or months:
Assigning a monetary value to the profound distress and trauma of conscious pain and suffering is one of the most challenging aspects of personal injury law. The anguish of your loved one’s final moments, whether they span mere seconds or extend across months, isn’t easily quantified. At Burger Law, we pursue every bit of compensation available to ensure that this suffering is adequately acknowledged and compensated.
Factors that influence the perceived value of your loved one’s conscious pain and suffering include:
If your family has lost a loved one due to another’s negligence, you don’t have to navigate this challenging terrain alone. With Burger Law by your side, you’ll have a team of professionals who are aggressive in their pursuit of justice, direct in their approach, and deeply compassionate about how your loved one’s wrongful death has affected your family. We’re here to amplify your voice, stand up to insurance companies and demand the justice your loved one deserves.
The road to justice begins now. Reach out to Burger Law today. Let us shoulder the legal burden, so you can focus on grieving and remembrance. Call us now at or fill out our online contact form for a free consultation.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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