What about the terrible pain my loved one suffered when he or she was killed or treated in the hospital before they died? Are we entitled to recover damages for that?
As set forth above, as between NC and VA, only North Carolina provides for pain and suffering of the deceased as an element of damages. VA does not, but likely makes up for it in allowing you and the other beneficiaries to testify and recover for the pain and anguish your loved one’s suffering caused each of you.