California Senate Bill 447, recently signed into law by Governor Newsom, now allows recovery of non-economic damages, such as pain and suffering, after a plaintiff dies.
Effective January 1, 2022, an amended version of Code of Civil Procedure 377.34 will go into effect. This statute will allow family members who have lost a loved one due to the negligence of others to obtain compensation for any pain, suffering, or disfigurement that the victim suffered prior to passing away. Under the old law, these types of damages did not survive the death of the victim.
Recently, the Zwerdling Law Firm applied this amended statute to recover a significant six-figure settlement for the widow of a client who tragically passed away earlier this year. Prior to the amendment, the defense’s settlement offer was minimal. The attorneys at the Zwerdling Law Firm cited the amended law and successfully recovered the maximum amount of insurance available because the defense was required to consider months of substantial pain and suffering incurred by our client before his death.
The law regarding compensation for those who have lost a loved one is complex. If you have suffered the loss of a loved one through the negligence of another, seek the services of a local law firm that has the experience and knowledge to ensure that you receive full compensation. The Zwerdling Law Firm has those qualifications. Please contact our office for a confidential and no-charge consultation.
