Unfortunately, you have not provided enough information to give you a meaningful response. Just consult with a wrongful death attorney ASAP. Most, if not all, of us provide free consultations--so, you have no reason not to call right now.
Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.
The decedent's estate is entitled to receive the settlement proceed.
If it wasn’t settled by the time of his death, his claim for pain and suffering is gone. There may be other rights you have, though, so consult a lawyer immediately.
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