The estate claim, explained simply

An estate claim continues the claim the deceased could have brought had they survived the accident. The estate brings it, not the family directly. It recovers a limited set of losses.

What the estate can recover

The estate can generally recover the pain and suffering the deceased felt before death. It can also recover medical expenses already paid, and funeral costs. These are losses that existed before or at the time of death.

What the estate cannot recover

The law excludes several things from an estate claim. These are exemplary damages, the bereavement award, loss of expectation of life, and the deceased’s lost earnings for any period after death, often called the lost years.^[1] The last one surprises many families, since it feels like an obvious loss.

Where that gap is covered instead

The family’s own dependency claim covers much of this gap. It compensates dependants directly for the future support they have lost, rather than routing it through the estate.

Who brings this claim

The executor named in a valid will generally brings the estate claim. Where there is no will, a court-appointed administrator does so. This adds a paperwork step, but it follows the usual process for administering an estate.

How this fits with the family’s own claim

An estate claim and a dependency claim are separate actions that often run together, since they cover different losses. How a dependency claim works covers the family’s own route. Claiming after a fatal road accident shows how the two fit together.

An independent lawyer can take on both claims for the family. Send the accident date, where it happened, the police report status, and who is named to administer the estate.