The recovery of damages for pain, suffering, or disfigurement in wrongful death cases was formerly prohibited by California law. The kinds of monetary damages that can be imposed in wrongful death lawsuits have temporarily changed in California. The modification is applicable to all wrongful death claims that have already been filed and for whom the plaintiff has made a petition for trial preference, as well as to all claims made between January 1, 2022, and January 1, 2026.

What is a Wrongful Death Claim?

In a wrongful death case, family members seek compensation for the loss of a loved one when the loss was caused by someone else's negligent behavior.

The Previous Wrongful Death Law in California

For many years, Californians have had the option of bringing a wrongful death claim or lawsuit against the responsible party whose negligence resulted in another person's death in order to recover financial compensation. If the deceased would have been entitled to bring a personal injury claim had they lived through their injuries, the personal representative of the deceased person's estate may pursue a wrongful death claim.

The estate could recover its financial losses for the medical expenses related to the final illness or disability, as well as a fair amount of money for the funeral and burial. The legal beneficiaries may be able to receive financial compensation for losses such as the decedent's loss of services and income, their loss of love and companionship, their loss of protection and guidance, and their survivors' emotional pain.

For the purposes of a wrongful death lawsuit, a negligent act can include medical negligence or a drunk driver-related vehicle accident. A wrongful death claim may also be based on a deliberate conduct, such as an attack or robbery that results in a fatality. Generally speaking, wrongful death cases demand proof that the deceased's death was caused by another's wrongdoing.

What the New Law Changes?

The wrongful death rules in California have been changed to allow plaintiffs to receive compensation for any pain, suffering, or disfigurement their close relatives endured before their death. Prior to this change in , the defendant's responsibility to pay for the victim's disfigurement, physical discomfort, or emotional distress passed away with them.

On the other hand, if the victim lived through the injuries, the at-fault party can be held liable in a personal injury case for the victim's suffering, agony, and deformity. The changes to California's wrongful death laws make those who murder others intentionally or through negligence liable for the amount of pain the victim endures before passing away from their injuries. 

Temporary or Permanent?

The California Judicial Council will review all judgments, consent judgments, or court-approved settlement agreements in wrongful death cases for the first three years to assess the effect of the new legislation on these litigation. By January 1, 2025, the Judicial Council will provide a report to the California legislature. The adjustments will no longer be temporary if the legislature makes them permanent. The modifications will expire on January 1, 2026, if the legislature does not take such action. 

Conclusion

You should contact a California personal injury lawyer right away if your close relative passed away as a result of someone else's negligence or malicious action. You might not realize how quickly the filing deadlines are. Our attorney can best help you in this matter.