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When a loved one dies as a result of an accident, there frequently is a personal injury lawsuit initiated against the liable party. Obvious claims for medical expenses, funeral and burial expenses, and lost wages are pursued through legal negotiations or personal injury claims on behalf of a deceased person.
The question may arise during discussions with survivors about pain and suffering claims. This is an area where the personal injury law firm or attorney should bring in expert witnesses to give testimony about pain and suffering that a deceased person had experienced due to the accident. They have expert knowledge about this topic, and can calculate damage claims based on their experience.
It may be hard to conceive how anyone might know or understand how a person about to die in an accident would feel, or experience pain and suffering knowing they are about to die. It will be difficult for survivors, but this is an important area to include in a survivor's personal injury lawsuit on behalf of their lost loved one.
The deceased person may be gone, but their rights by law are still intact and able to be pursued within the legal system. The survivors may seek compensation on behalf of their deceased loved one, as determined by the law.