Is the Law Retroactive?
admin5132022-09-30T14:40:44+00:00No. Only plaintiffs that file their lawsuits on or after January 1, 2022, will be permitted to recover damages for pain, suffering, or disfigurement in survival actions. There is one caveat, however. Cases filed before January 1, 2022, where the case was granted a trial preference before January 1, 2022, will be able to obtain [...]
Does the Law Have a Sunset Provision?
admin5132022-09-30T14:39:02+00:00Yes, the law is set to expire on January 1, 2026. At that time, the California Legislature can reassess the bill. During that four-year period, plaintiffs who recover under the new statutory framework must report their awards to the Judicial Council, and the Judicial Council will report this information to the California Legislature.
What Does the New Law Mean to Me?
admin5132022-09-30T14:35:02+00:00In short, the change to the survival statute will likely increase the recoverable damages and discovery costs when litigating a matter. Previously, defendants in survival actions were able to argue that any evidence of predeath pain and suffering was irrelevant. Therefore, the argument could be made that there should be no discovery or evidence at [...]
What Type of Cases Are Impacted?
admin5132022-09-30T14:33:07+00:00Negligence actions and medical malpractice actions will be impacted, though the Medical Insurance Compensation Reform Act cap still applies to non-economic damages for pain and suffering. The bill also applies to all other personal injury and employment cases.
What is the 2022 Ca Injury/Survival law change?
admin5132022-09-30T14:30:41+00:00Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the value of litigated cases as well as the costs of defending these matters.