Jonah Hall & Ryan White / Husch Blackwell
As of January 1st, 2022, plaintiffs in survival actions in California will be eligible to obtain damages for predeath pain, suffering, or disfigurement. This dramatic change in law will impact the value of litigation cases as well as the cost of defending these matters. Prior to this, if an injured party died before their legal cases were resolved, the recovery in that lawsuit could not include predeath pain, suffering, or disfigurement. The only recovery permitted was economic monetary losses and possibly punitive damages under other statutes.
On October 1st, 2021, California Governor Gavin Newsom modified the existing law so plaintiffs in survival actions can be awarded damages for predeath pain, suffering, or disfigurement. This law is not retroactive, only plaintiffs that filed on or after January 1st, 2022 will be eligible for the recovery damages for pain, suffering, or disfigurement in survival actions. This law is set to expire on January 1st, 2026. At that time, California Legislature can release the bill.
Negligence actions and medical malpractice actions will likely be impacted, though the Medical Insurance Compensation Reform Act cap still applies to non-economic damages for pain and suffering. This law does not impact the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), as EADACPA already permits predeath pain and suffering damages up to $250,000.