Giroux Trial Attorneys represented the family of a 45 year old man who, while involved in a construction project, fell approximately 150 feet to his death. In Michigan, under the Michigan Wrongful Death Act, there are only certain damages available to surviving family members including loss of love, society and companionship, loss of financial support, medical bills, funeral costs and conscious pain and suffering experienced by the deceased prior to his or her death. Usually, the term conscious pain and suffering relates to physical pain and suffering experienced by the deceased between the time of his or her injury and the time of death. However, Giroux Trial Attorneys found a line of cases, both Michigan and federal, establishing that conscious pain and suffering should include mental and emotional injuries as well as physical pain and suffering.
What is more, the courts had ruled that a person could recover for mental or emotional injury or trauma occurring even before any physical contact takes place. In order to help their clients by expanding the size of the potential award for conscious pain and suffering, Giroux Trial Attorneys used expert testimony from a psychiatrist was well as case studies from airplane crash cases and convinced defendants that a potential recovery for decedent’s pre-impact fright and shock was huge. Ultimately, Giroux Trial Attorneys settled the case for a huge number involving several million dollars. By: Robert Giroux, Partner Giroux Trial Attorneys/Posted March 27, 2014