Tort claims survive the death of the tortfeasor, and the damages are payable from the wrongdoer's estate.

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Tort claims survive the death of the tortfeasor, and the damages are payable from the wrongdoer's estate. Assume a wrongdoer commits a tort that meets the requirements for punitive damages, but before a lawsuit is brought or concluded, the wrongdoer dies. Could the plaintiff recover punitive damages against the estate? Consider the rationale for punitive damages when answering the question. What if the lawsuit was completed but uncollected and the tortfeasor dies? Would that make any difference?
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Understanding the Law

ISBN: 978-0538473590

6th edition

Authors: Donald L. Carper, John A. McKinsey

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