Changes To Survival Action Damages In 2022

Updated: Apr 21

How California Survival Actions Have Changed This Year

New laws and changes have come this 2022, and one of them has to do with 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.

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What's A Survival Action?

A survival lawsuit allows heirs to recover damages that the deceased would have been entitled to had 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. Now, the legislation has been changed, allowing plaintiffs in survival cases to get damages for pre-death pain and suffering and disfigurement.

A California Personal Injury Attorney can help you file your survival action, find evidence, and represent you in court.

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Does This Apply To All Survival Action Claims?

Only plaintiffs who bring their survival actions on or after January 1, 2022 will be able to 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 bill can then be reassessed by the California Legislature.

Which Survival Action Cases Will Be Affected?