Jacqueline McCalla, of Newmeyer Dillion, has made available for download her article, “S.B. 447 May Open the Door to Additional Damages in a Survivor’s Action for Decedent’s Pain and Suffering,” published on JDSUPRA. The abstract begins as follows:
Under longstanding California law, an action brought on behalf of someone who sustains a bodily injury can recover, among other things, pain and suffering damages, but an action brought for a decedent’s (i.e, someone who dies from an injury) survivors cannot. A bill recently sponsored by the Consumer Attorneys of California (an organization of plaintiffs’ lawyers), Senate Bill 447 (“S.B. 447”), would change this rule and allow a decedent’s personal representative to recover damages for a decedent’s pain, suffering or disfigurement, if the cause of action accrued before January 1, 2026. The practical effect of this change of law, if it is enacted, would be to substantially increase the amount of damages awarded in survival actions.
Posted by Anthony Tran, Associate Editor, Wealth Strategies Journal
Wealth Strategies Journal 