---
title: "List the damages the estate cannot recover where the wrong caused the death"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de"
type: "task"
site: "AI Law Framework"
id: "A21-FM20261023-3"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# List the damages the estate cannot recover where the wrong caused the death

> Against the survival section the lawyer names, mark each head in the draft schedule as allowed, excluded, or allowed only if an exception the lawyer has opened is met. Do not value any head.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Against the survival section the lawyer names, mark each head in the draft schedule as allowed, excluded, or allowed only if an exception the lawyer has opened is met. Do not value any head. |
| What the lawyer must review | You decide the exclusions. Pain, future earnings and exemplary damages stay out unless an opened exception applies. A dust exception has its own conditions. Do not apply it unless each condition in the section is met. Where the section is subject to another Act you have not opened, open that Act before you advise. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Heads the estate cannot recover**

The tool tags each estate head against the survival section. The lawyer decides whether an exception applies.

- What the AI does: Against the survival section the lawyer names, mark each head in the draft schedule as allowed, excluded, or allowed only if an exception the lawyer has opened is met. Do not value any head.
- What the lawyer does: You decide the exclusions. Pain, future earnings and exemplary damages stay out unless an opened exception applies. A dust exception has its own conditions. Do not apply it unless each condition in the section is met. Where the section is subject to another Act you have not opened, open that Act before you advise. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Exclude pain and suffering, bodily or mental harm, curtailment of expectation of life, future earnings after death, and exemplary damages, unless the exception is met.
2. For a dust exception, tick each condition separately: the kind of condition, that a proceeding was commenced before death, and any requirement that it was pending at death.
3. Do not describe the effect of a section that was not opened. Say that it was not opened.
4. The schedule is a working paper. You write any pleading.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Administration and Probate Act 1958 (Vic) s 29](https://classic.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/s29.html) (checked 2026-10-23)
- [Succession Act 1981 (Qld) s 66](https://classic.austlii.edu.au/au/legis/qld/consol_act/sa1981138/s66.html) (checked 2026-10-23)
- [Law Reform (Miscellaneous Provisions) Act 1944 (NSW) s 2](https://legislation.nsw.gov.au/view/html/inforce/current/act-1944-028) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-damages-the-estate-cannot-recover-where-the-wrong-caused-the-de/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*