¶1concurring fully and specially.
¶2I concur fully in all that is said in the majority opinion. I write separately to reiterate and emphasize that this action involves only the estate’s claim for the pain and suffering the decedent experienced before his death, and not the wrongful death claim. While the claim for pain and suffering by the decedent before his death belongs to the estate, the wrongful death action does not belong to the estate, and its proceeds are distributed according to statute and as otherwise provided. Therefore, we make no ruling in this case regarding the apportionment of any recovery in the separate wrongful death action.