Legal Question in Personal Injury in California

Is a pain and suffering case lost if the plaintiff dies in California?

Asked on 3/19/22, 3:27 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It depends on when the case was/is filed. The long standing rule has been that pain and suffering damages (but not other damages) could not be recovered once the injured party dies, regardless of when the lawsuit was filed. A new temporary law took effect January 1 that allows for pain and suffering damages to be recovered even if the plaintiff dies, as long as the plaintiff either obtained an order for trial preference prior to 1/1/2022, or the case is originally filed between 1/1/22 and 1/1/26

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Answered on 3/20/22, 4:05 pm

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