Imagine that your mother is driving home from running errands. As she comes to a stop at a red light, the semi-truck behind her rear ends her at significant speed. The crash causes massive injuries, rendering your mother unconscious. She is in a coma for two months in a hospital out of the area before she ultimately passes away.
You, as the child of the victim of this crash, have a claim against the driver and owner of the semi-truck for wrongful death. But wrongful death damages only account for the loss of the love, comfort, care, and assistance your mother provided to you. What about what your mother went through for the two months before her death? What about the horrific pain and suffering she endured prior to her death?
Prior to 2023, your mother’s death BENEFITED the defendant because it severed your ability to recover damages on your mother’s behalf for her pain and suffering. The California State Legislature in 2022 amended California Code of Civil Procedure (CCP) Section 377.34 to include section (b), which states that “the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding … was filed on or after January 1, 2022, and before January 1, 2026.”
If you or someone you know has lost a loved one, it is IMPERATIVE that you speak to a lawyer as soon as possible so that a lawsuit can be filed before the end of this year. While there is generally a two-year statute of limitations (deadline) to file a personal injury or wrongful death claim against private parties or entities, the sunset date on CCP Section 377.34 has not yet been extended. Therefore, as of now, unless your wrongful death and survivorship action case is filed before December 31, 2025, you will lose the ability to collect valuable human damages.
The Zwerdling Law Firm encourages anyone who has lost a family member to call our office as soon as possible for a free and confidential review of the facts of your case. Even if your loved one did not have a lengthy hospital stay prior to their death, their pre-death pain and suffering can still be very meaningful, and you should be compensated on their behalf.
We will prioritize your case, get it filed before this law no longer applies, and help you take the necessary steps to achieve as much justice as possible for your loved one.
