Updated: Nov 22, 2022
How California Survival Actions Have Changed This Year?
New laws and changes have come this 2022, including filing survival actions in California. Let's take a look at these important changes and how they apply to the damages you might receive in survival action lawsuits.
What's A Survival Action?
A survival lawsuit allows heirs to recover damages that the deceased would have been entitled to have they lived from the time of their injury until their death.
Before January 1, 2022, the recovery didn't include predeath pain, suffering, or disfigurement if they died before their legal case was concluded. The legislation has now been changed, allowing plaintiffs in survival cases to get damages for pre-death pain, suffering, and disfigurement.
A California Personal Injury Attorney can help you file your survival action, find evidence, and represent you in court.
Does This Apply To All Survival Action Claims?
Only plaintiffs who bring their survival actions on or after January 1, 2022, can recover damages based on the changes made. However, these damages will be available in cases filed before January 1, 2022, as long as the case was given a trial preference before that date.
To help you determine whether your claim still applies, consult with your California Personal Injury Attorney to help you.
Is This A Permanent Change In The Law?
The law will be phased out on January 1, 2026. The California Legislature can then reassess the bill.
Which Survival Action Cases Will Be Affected?
Although damage caps still apply to non-economic damages for pain and suffering, negligence, and medical malpractice proceedings, they will still be impacted by the new laws. These changes will also affect all personal injury and employment cases.
The bill also has no effect on the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) because there are also expanded remedies actions for pre-death pain and suffering damages.
To know more about damage caps and changes, consult with a prescreened California Personal Injury Attorney to help you.
How Am I Affected By These Laws?
In short, the amendment to the survival statute will very certainly raise the number of recoverable damages and the cost of discovery when a case is litigated.
Previously, defendants in survival actions may claim that any evidence of agony and suffering before death was immaterial. As a result, it could be argued that there should be no discovery or evidence presented at trial on that point.
Under the new statute, plaintiffs in survival claims will be able to present evidence at trial about the suffering that a deceased person endured before death. This evidence has the ability to raise the jury's compassion factor. Additionally, during the pretrial part of a lawsuit, this opens up a new field of discovery. Defense costs are anticipated to rise as a result of this.
Find A Top Rated Personal Injury Attorneys In Los Angeles (And The Rest Of California)
Contacting a California Personal Injury Attorney as soon as possible is the right thing to do. During your recovery, it will keep you from agreeing to unjust compensations.