Loss of a Loved One: An Empirical Study of Pain and Suffering Awards in Wrongful Death Cases in China.

This article provides the first empirical analysis of how Chinese courts assess pain and suffering damages in wrongful death cases arising from medical negligence. Drawing on 1,225 judicial decisions from 2016, it finds that awarded economic damages, the defendant’s degree of causal negligence, and the living standards of the court’s locality positively influence the amount of pain and suffering awards, while factors such as the decedent’s age, number of plaintiffs, and familial relationships do not have significant effects. The study also confirms the presence of the deep pockets effect—where defendants with greater financial ability (proxied by hospital level) face higher awards—and the anchoring effect, whereby plaintiffs’ claimed damages influence judicial awards. These findings contribute to understanding non-economic damage awards in China, highlighting judicial discretion shaped by economic and contextual factors rather than familial distinctions.