John F. Parker and Greg D. Wyles of Mound Cotton Wollan & Greengrass write that conscious pain and suffering damages will generally be denied when a decedent has perished instantaneously or was unconscious throughout the entire ordeal. The issue becomes more complicated, however, where death is not instantaneous and yet the relevant time period is exemplified by unconsciousness and/or semi-consciousness. This is very often the case with carbon monoxide poisoning.
Is There Conscious Pain and Suffering From Carbon Monoxide Poisoning?
New York Law Journal
July 27, 2012
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