Beginning January first of the new year, California Senate Bill 447 goes into effect. According to California Legislator Information, this new law allows families of the deceased to collect damages for pain and suffering even after the plaintiff has died. This new law essentially eliminates the preclusion where insurance companies would drag out severe personal injury and illness litigation until the plaintiff dies from their condition, thus avoiding paying out enormous pain and suffering settlements. Previously, California, Arizona, Colorado, Idaho, and Florida were the only states that prohibited the collection of pain and suffering damages after a plaintiff dies.
Before Senate Bill 447
Before this new legislation, if a plaintiff were to pass away before collecting pain and suffering damages, the ability to collect those damages would disappear, leaving grieving families for broke. This same situation occurred countless times across the state for decades until California legislators passed Senate Bill 447 legislation into law. It has been discovered that this previous legislation was pushed into law by lobbying insurance companies during the 1960s, which urged lawmakers to adopt this malicious policy to help these insurance companies avoid paying out millions in damages.
Covid-19 Trial Delays
Senate Bill 447, signed into law by Gavin Newsom this month, eliminates this policy that has allowed insurance companies to drag out trials until the plaintiff dies, an approach that has saved insurance companies millions for decades. However, insurance companies took advantage of another procedure to avoid paying damages. These procedures are the trial delays caused by Covid-19, which largely contributed to the number of plaintiffs that passed before they could make it to trial. Due to the effects of Covid-19 on in-person occupations, thousands of trials were delayed. Thus, many terminally ill plaintiffs waiting for their trial sadly passed away before their trial date allowing insurance companies to avoid paying out large damage settlements to their families. Due to the signing of this new legislation by California Governor Gavin Newsom, as of January first of 2022, families will be able to collect these damages even after the plaintiff’s death. This legislation is a significant victory for workers and families across California who have suffered due to these cruel policies for decades.
At Eason and Tambornini, A Law Corporation, our expert Sacramento wrongful death attorneys have been appalled by these cruel practices carried out by insurance companies for decades. However, this is a significant victory for all Californians. Our Sacramento wrongful death attorneys understand how difficult it is to endure the passing of a loved one. We know nothing can fill the void left in your life by their absence. But justice can be served to those who are responsible. We know it is hard, but we want to help you and your family get your lives on track and obtain the proper legal compensation you deserve. Please don’t wait. Please pick up the phone and call us at 916-438-1819 to take advantage of your FREE no-obligation consultation with an attorney member of our team.
