When considering wrongful death damages, which element is typically not included?

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In wrongful death cases, damages are typically meant to compensate the survivors for their loss, including future earnings that the deceased would have earned, tangible benefits, and intangible values such as companionship and emotional support. However, pain and suffering as an element of damage is generally not included in wrongful death damages because such claims are focused on the surviving family members' losses rather than the suffering of the deceased prior to death.

When a person dies, the legal premise shifts from compensation for personal injury—which might include pain and suffering during the individual's life—to compensation for the losses borne by loved ones as a consequence of that person's death. Therefore, while the survivors may experience their own grief and emotional distress, the deceased individual cannot claim pain and suffering post-mortem. Instead, compensation focuses on what the survivors have lost, making pain and suffering not applicable in wrongful death claims.

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