What does the law cover?

In January 2022, the California legislature enacted the CCP Section 377.34 which expanded the law to include the non-economic damages the decedent faced pre-death. Before the additional clause in 2022, the law limited recovery to economic damage which covers medical bills, lost wages, and funeral and burial expenses. This change meant that the heirs could now seek compensation for pre-death pain, suffering, emotional distress, and disfigurement. This addition marks an important change in California law as non-economic damages are often the largest portion of a claim in wrongful death cases. 

Sunset Clause

However, this expansion is not permanent, it came with a sunset clause found in section b of CCP 377.34, which states,

“…the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.”

Therefore, unless the legislature re-enacts the provision, cases filed on or after January 1, 2026, will not be eligible to recover non-economic damages for the decedent's pre-death suffering. The Kohn Law Office proudly supports the re-enactment of CCP 377.74(d) as a permanent law. 

If you or a loved one may be impacted by this change, don't wait. Contact Kohn Law Office at 760-721-8182 today for a free consultation and to protect your rights. 

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