This bill was recently introduced. Email the authors to let them know what you think about it.
Senator Laird's proposal to modify California's civil procedure code would remove existing time restrictions on when decedents' representatives can recover damages for pain, suffering, and disfigurement in civil actions. The current law permits these damages only in cases granted preference before January 2022 or filed between January 2022 and January 2026.
The legislation eliminates requirements for plaintiffs to submit judgments and settlement agreements to the Judicial Council, along with the Council's obligation to report this information to the Legislature. Under the proposed changes, personal representatives or successors in interest could pursue all damages the decedent sustained before death, including penalties and punitive damages, without temporal limitations. The bill maintains existing provisions regarding medical injury compensation caps and elder abuse claims under the Welfare and Institutions Code.
This measure would operate within the standard court system, requiring no new state funding or enforcement mechanisms. Courts and legal practitioners would apply the expanded parameters for damage recovery through existing judicial processes once the changes take effect.