New Legislation Regarding Injury and Wrongful Death Claims
California recently enacted new legislation, SB 447, which has significantly changed the state’s wrongful death laws. This amendment to the California Code of Civil Procedure §377.34 now allows the recovery of damages for a decedent’s pain, suffering, or disfigurement in certain circumstances. How will this new legislation impact businesses, insurance companies, and the civil justice system in California?
The Revised Statute
In simple terms, the California Code of Civil Procedure §377.34 has been updated to allow the recovery of additional damages in wrongful death cases. Now, when a personal representative or successor (such as a family member) files a lawsuit on behalf of the deceased person, they can seek compensation for the pain, suffering, or disfigurement that the deceased experienced before their death.
This change was supported by a group of 3,000 attorneys who represent plaintiffs (the individuals bringing the lawsuit). They wanted to hold wrongdoers accountable and help plaintiffs receive larger settlements or verdicts in these cases.
Potential Impact
The new legislation, SB 447, which allows for the recovery of damages for a decedent’s pain, suffering, or disfigurement in wrongful death cases, could have far-reaching consequences for various entities in California.
Businesses, particularly those in high-risk industries such as construction, manufacturing, and transportation, may face increased liability and financial burdens. If a company is found responsible for a wrongful death, it could be required to pay significantly higher damages than before, including compensation for the deceased’s pain and suffering. This could lead to higher insurance premiums, increased operating costs, and potentially, a negative impact on the company’s bottom line.
Insurance companies, which provide liability coverage for businesses and individuals, may also be significantly affected by this new law. With the potential for larger settlements and verdicts in wrongful death cases, insurers may need to increase premiums to account for the heightened risk. This could make insurance coverage more expensive for businesses and individuals alike and, in some cases, may even lead to insurers becoming more selective in the risks they are willing to cover.
Other entities, such as public institutions, non-profit organizations, and even individuals, could also feel the impact of this new law if they are found liable in a wrongful death case. The increased potential for larger damages could strain their financial resources and may require them to reassess their risk management strategies. In light of the implications of SB 447, individuals and families who have tragically lost a loved one due to negligence should consider seeking guidance from a wrongful death lawyer in San Bernardino to understand their rights and options under this new legislation.
However, it is important to note that the new law has a built-in expiration date of January 1, 2026. This means that unless the legislature takes action to extend or make the law permanent, the provisions allowing for the recovery of damages for pain, suffering, or disfigurement will automatically end on that date. This temporary nature of the law creates some uncertainty about its long-term impact.
Filing a Wrongful Death Claim in California
In California, only certain family members can file a wrongful death lawsuit, including:
- The deceased person’s surviving spouse or domestic partner
- The deceased person’s surviving children
- If there is no surviving spouse, domestic partner, or children, then the deceased person’s parents or siblings may file a lawsuit.
- If none of the above individuals exist, anyone entitled to the deceased person’s property by succession (such as grandparents or other relatives) may file the lawsuit.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a California wrongful death lawsuit, the eligible survivors may seek compensation for various types of damages, including:
- Economic damages:
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- Medical and funeral expenses related to the deceased person’s injury and death
- Loss of the deceased person’s expected financial support and benefits, such as pension or health insurance
- Loss of gifts or benefits that the survivors would have expected to receive from the deceased person
- Non-economic damages:
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- Loss of the deceased person’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of the enjoyment of sexual relations (for the surviving spouse or domestic partner)
- Loss of the deceased person’s training and guidance (for surviving children)
- Punitive damages: In rare cases where the defendant’s conduct was particularly egregious or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
It is important to note that with the recent enactment of SB 447, damages for the deceased person’s pain, suffering, or disfigurement may also be recoverable in wrongful death lawsuits filed between January 1, 2022, and January 1, 2026.
Contact Our San Bernardino Wrongful Death Lawyers
If you have lost a loved one due to someone else’s negligence or wrongful actions, you may be entitled to seek justice and compensation through a wrongful death lawsuit. At William D. Shapiro Law, our experienced and compassionate wrongful death attorneys in San Bernardino are dedicated to helping families navigate this difficult time and fight for the compensation they deserve.
With the recent changes to California’s wrongful death laws under SB 447, you may now be able to recover damages for your loved one’s pain, suffering, or disfigurement, in addition to other economic and non-economic losses. However, it is important to act quickly, as this new law is set to expire on January 1, 2026, unless extended or made permanent by the legislature.
Don’t wait to take action. If you believe you have a wrongful death claim, contact us today at 909-890-1000 or fill out our confidential contact form to schedule a free, no-obligation consultation. Let us put our experience and expertise to work for you and help you seek the justice and compensation you and your family deserve during this challenging time.
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.