Civil actions: decedent’s cause of action.
If enacted, this bill would fundamentally alter the legal landscape regarding wrongful death claims by allowing unrestricted recovery of damages related to pain and suffering incurred by the decedent, which had previously been capped or conditioned upon specific legal preferences. This change is expected to enhance the rights of survivors in seeking just compensation in civil actions and potentially encourage more families to pursue claims that they may have regarded as less viable due to existing limitations on recoverable damages. Furthermore, it would simplify legal proceedings by abolishing the related reporting requirements to the Judicial Council, thereby streamlining post-judgment processes.
Senate Bill No. 29, introduced by Senator Laird, aims to amend Section 377.34 of the Code of Civil Procedure in California, which addresses civil actions related to the cause of action for decedents. The bill seeks to remove existing limitations on the types of damages that can be recovered by the personal representative or successor in interest of a deceased individual. According to current law, damages recoverable include losses the decedent sustained before death, but with specific restrictions on claims for pain, suffering, or disfigurement unless the action met certain criteria established prior to 2022. SB29 seeks to broaden the scope of recoverable damages in these cases.
Notably, the bill may ignite debate among legal professionals and advocacy groups concerning its implications for the ability of family members to hold parties accountable for wrongful deaths. Proponents of SB29 argue that the changes are necessary to provide just compensation for the unbearable suffering endured by decedents before their death and to provide fair relief to their families. In contrast, opponents may express concern that the removal of limitations could lead to increased litigation and potentially spurious claims, ultimately impacting the insurance landscape and increasing costs for defendants. This dynamic highlights the balancing act legislators face in reforming civil procedure while ensuring fairness in the legal system.