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In the Absence of a Surviving Spouse, Child, or Parent, the Administrator of the Decedent’s Estate Can Sue on Behalf of the Next of Kin
Even if the next of kin is a minor, e.g., a sibling, an anomaly in current Georgia law requires that an administrator file suit within two years from the date of death.
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The Decedent’s Estate Also Has a Claim for Medical and Funeral Expenses, and for Conscious Pain and Suffering
In addition to the wrongful death claim for the full value of the life, the administrator or executor of the decedent's estate has a claim for the decedent's medical and funeral expenses, and for conscious pain and suffering before death. Punitive damages may be awarded in connection with such a survival action on behalf of the estate. Within the requirements of allocation of damages to the spouse and children, survivors can choose to put a monetary award for wrongful death to any good use, whether to support a family deprived of the breadwinner, to educate children, or to fund a charity in the memory of the deceased.
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