Civil actions: decedent’s cause of action.

Senator Laird, joined by Assembly Member Kalra, proposes extending the window for pursuing a decedent’s pain and suffering damages and expanding the information that must be reported to the Judicial Council. The core changes move the deadline for a decedent’s personal representative or successor in interest to file an action seeking such damages to January 1, 2027. The measure also extends the period during which damages recovered must be reported to July 31, 2026, and allows any party to submit the required information to the Judicial Council. It further extends the deadline for the Judicial Council to transmit a report to the Legislature to January 1, 2027, and sets the reporting period to January 1, 2025 through July 31, 2026.

Under current law, damages in such actions are limited to losses incurred before death, including damages for pain, suffering, or disfigurement, and any penalties or exemplary damages the decedent would have recovered had they lived. The bill adds that damages for pain and suffering or disfigurement may be recoverable in cases granted a preference before 2022 or filed on or after 2022 and before 2027. For actions resulting in damages within the January 1, 2026 to July 31, 2026 window, a plaintiff must, within 60 days after final disposition, submit to the Judicial Council a copy of the judgment or settlement and a cover sheet detailing the filing date, final disposition date, and the amount and type of damages. The Judicial Council must then transmit to the Legislature a report detailing the information received for judgments during a defined period, with the reporting obligation tied to a sunset and related government reporting provisions. The measure notes that the changes do not alter other civil claim provisions or unrelated welfare and institutions claims.

The proposal includes a sunset provision that would render the reporting framework inoperative after January 1, 2030 unless extended by the Legislature, signaling a prospective period of review. By design, the measure places the Judicial Council at the center of data collection on decedent damages and ties the public record to a defined reporting window, potentially informing future policy discussions around civil damages and court reporting requirements.