In addition to making a wrongful death claim, a decedent’s surviving loved one may file an estate claim. As part of the estate claim, a decedent’s surviving family members may be eligible to recover monetary compensation representing all of the suffering and pain that the accident victim had to endure from the time of the accident until the time of the decedent’s death.
In addition to pursuing monetary compensation for this pain and suffering, the accident victim may pursue compensation for all of the medical bills that the deceased accident victim had to incur before their death, along with the departed loved one’s funeral expenses.
As part of an estate claim, the surviving family members of a deceased loved one may assert a claim for punitive damages. Punitive damages are often available in cases when the at-fault person or entity acted in a particularly egregious or inexcusable manner under the circumstances. The primary purpose of jury-awarded, punitive damages in an estate claim is to punish the wrongdoer and discourage other individuals or entities from acting in the same way.
In some cases, accident victims die with a will in place, while in other cases, the decedent passes away intestate. If the decedent passes away with a will already drawn up, then the administrator whom the decedent named in the will (typically a spouse or close relative) is responsible for bringing any estate claim. However, in the event the decedent passes away without having a valid will in place, then the intestacy laws for the state of Georgia will determine which surviving family member is responsible for bringing the estate claim.
