Can an estate sue for pain & suffering on behalf of a decedent?
And certainly you know the first thing we look at is the loss of the earning capacity of the person who’s passed away. We also look at medical bills that were associated with care rendered before the person passed away. We can recover for the grief and the suffering that family members have endured as a result of the death. And also, and some folks don’t know this, that if the person who’s passed away experienced suffering and pain before they passed away. The estate can recover that pre-death pain and suffering as part of the damages in the case. So, there are, and that’s just, I guess a brief sketch of some of the damages that could be recovered in a wrongful death case. Certainly if you have a situation where you’ve lost a loved one, you think that you’ve got a wrongful death action, call us at Bailey Javins & Carter and we’ll certainly go over all of the different types of damages that you might recover under the statutes of the various states.