Can I Sue for My Loved One’s Pain and Suffering After They Pass Away?
A change in California laws now means surviving family members will no longer be able to receive pain and suffering damages on behalf of a deceased loved one. What does this mean for your lawsuit, and when will this change become effective? Keep reading to learn more about this shift, damages you can still recover, and what a California personal injury attorney can do for you! At BD&J, our team of diligent attorneys is ready to fight for justice and compensation for the loved ones of deceased victims.
What is Wrongful Death?
Wrongful death occurs when a person dies as a direct result of the negligent or reckless acts of another person or entity. In the eyes of the law, this death could have been easily prevented if it were not for the actions of the liable party. With one of the largest economies in the world, California sees hundreds of workplace-, premises liability-, and traffic accident-related wrongful death cases every year. Typical wrongful death accidents include:
- Car accidents
- Medical malpractice
- Workplace accidents
- Product liability accidents
Car accidents are one of the leading causes of wrongful death in California. In fact, California had more than 3,200 fatal car crashes in the year 2023 alone. Accidents that result in the death of a loved one can be devastating, especially when they were caused by the actions of another person.
Why Won’t Family Members Be Able to Recover Pain and Suffering Damages?
In 2022, the passing of Senate Bill 447 allowed Californians to be able to recover noneconomic damages for their deceased loved ones’ pain, suffering, and disfigurement. The enactment of this bill was revolutionary for wrongful death lawsuits and other similar claims, allowing plaintiffs to tell their loved one’s stories and be able to recover damages that previously weren’t available in the state.
Unfortunately, this bill was never a permanent fixture. The period for this bill is now coming to an end, reverting California back to its original order of family members being unable to recover these damages. This means that when filing a lawsuit on behalf of a deceased loved one, family members will no longer be able to obtain compensation for any pain or suffering the deceased may have suffered before their death.
When Will This Change Become Effective?
This change will officially become effective on January 1st, 2026. This means any case filed after January 1st, 2026, cannot recover pain and suffering on behalf of the deceased. While a bill (SB 29) to extend noneconomical damages until 2027 was proposed in 2023, this failed to pass.
How Can California Personal Injury Attorneys Help My Wrongful Death Lawsuit?
It is important to remember that filing a wrongful death lawsuit and similar claims can help loved ones obtain compensation for a family member’s passing at the hands of another person or entity. While pain and suffering of the deceased will no longer be compensated, family members or members of the deceased’s estate may still be able to recover compensation for their own pain and suffering in the aftermath of the deceased’s death, especially if they were a caregiver or witnessed the injury or accident firsthand.
A California personal injury attorney can help with filing a claim, compiling evidence, negotiations, and representing you in all communications with the other party. While you are dealing with grief and other overwhelming feelings in the wake of a loved one’s death, an attorney can handle all the complexities of the legal process for your lawsuit.
Frequently Asked Questions
What Damages Can I Still Recover in a Wrongful Death Lawsuit?
While noneconomic damages for the deceased will no longer be recovered in a lawsuit, there are still so many other expenses that could be covered with compensation. Medical expenses, funeral costs, and financial support for dependents of the deceased can still be recovered in a lawsuit.
What if I Was Financially Dependent on the Deceased?
If the deceased was the sole breadwinner of a family, then financial support can be recovered in a lawsuit. You and your minor children can demand compensation for lost income. Talk to a California personal injury attorney to learn more.
How Long Do I Have to File a Wrongful Death Lawsuit?
If you are thinking of filing a wrongful death lawsuit, then you have 2 years from the deceased’s date of death to file your claim. If you are filing a claim against a government entity, then you have 6 months from the date of death to file.
What is a Survival Action?
A survival action is a claim that is filed for compensation for expenses incurred between the deceased’s accident and their death. The basis of this claim is to recover expenses that were developed as a direct result of the accident, but before the deceased passed away. Common compensation types that can be recovered with survival actions include medical bills, therapy or rehabilitation bills, and others.
Can I Recover Pain and Suffering Damages for this Claim?
No, you cannot recover pain and suffering damages from this claim effective January 1st, 2026. You can, however, recover compensation for medical expenses, any extra care needed, as well as loss of wages for however long the deceased was unable to work before passing away.
How to Start a Wrongful Death Lawsuit with a California Personal Injury Attorney
After the passing of a loved one, you may be dealing with heavy feelings of grief and anger. If you are looking to file a wrongful death lawsuit to hold responsible parties accountable, speaking with a California personal injury attorney is essential. To start a wrongful death lawsuit with a California personal injury attorney, be sure to:
- Collect all evidence. – Evidence for your wrongful death lawsuit can include medical documentation of injuries, a death certificate, an autopsy report, and testimony from expert witnesses on the severity of the injuries of your loved one.
- Look for a personal injury law firm that specializes in wrongful death. – To know your wrongful death claim is in the right hands, look for a law firm that has the knowledge and experience of working with personal injury and wrongful death cases.
- Sit down with a California personal injury attorney to discuss the facts of your claim. – Any experienced law firm will offer you a chance to consult with a California personal injury lawyer to learn more about the basis of your wrongful death claim and what possible compensation could look like.
California Personal Injury Attorneys Dedicated to the Rights of Deceased Victims’ Families
While you may no longer be able to recover noneconomic damages on behalf of your deceased loved one, you can still hold liable parties accountable to ease the financial burden of other expenses while you grieve properly. Speak to a California personal injury attorney today to learn more about filing your wrongful death claim, and what damages you may still be able to sue for. You deserve justice after the loss of a loved one.
BD&J is a trusted personal injury law firm with more than 20 years of experience fighting alongside California families in the name of their deceased loved ones. With more than $2 billion* recovered, we don’t slow down in the pursuit of justice. No fees until we win*. Call us now to book your free initial consultation.