10/25/2023 0 Comments State of survival code 2021![]() ![]() ![]() It is a limitation on time, not degree or kind. There is, however, one procedural limitation. ![]() The motive is clear, i.e., the hope of larger settlements and verdicts. Not surprisingly, the bill was sponsored by the Consumer Attorneys of California, an organization of 3,000 plaintiffs’ lawyers (“ur member-attorneys stand for plaintiffs seeking accountability from those who do wrong.”), and it overturns long-established law in California. Now, the revised statute reads: “Notwithstanding subdivision (a), in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement.” With some limitation, explained further below, that has now changed.īy way of background, before the now revised §377.34 of the California Code of Civil Procedure, California law limited the damages recoverable in a survival action (typically as a component of a concurrent wrongful death lawsuit) to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived. Prior to the enactment of SB 447, California law prohibited the recovery of damages for a decedent’s pain, suffering, or disfigurement in that action or proceeding. ![]()
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