In our 30+ years of helping Sacramento families recover pain and suffering damages following the negligent death of a loved one, we know how critical compensation is. And when a tragic accident has resulted in a victim’s prolonged pain and suffering preceding their death, holding the negligent person accountable is even more crucial. It can bring families a sense of closure and relief, knowing that justice has been served.
We are spreading the word about a critical California law, Senate Bill 447, affects pain-and-suffering compensation for the loved ones of wrongful death victims who experienced prolonged pain prior to passing. This law, which is scheduled to revert on January 1, 2026, threatens to drastically cut compensation for families dealing with the tragic loss of a loved one under these conditions.
The expiration (“sunsetting”) of SB 447 will dramatically affect not only a family’s financial security but also the responsible party’s accountability.
Understanding the Two Types of Claims After a Death
When a person dies under circumstances that are deemed to be a direct result of another person’s negligence, such as in a drunk driving accident or other preventable incident, the surviving family may have a legal right to pursue a single lawsuit that contains two separate types of claims:
- Wrongful Death: The losses the surviving family members suffered (e.g., loss of a loved one’s income, companionship, and guidance, etc.).
- Survival Action: Compensation for the non-economic losses that the victim suffered before they died. This legal action is filed on behalf of the deceased person’s estate.
It is this second category, the Survival Action, that SB 447 impacts.
The Problem: The Return of the “Death Discount”
The urgency for surviving family members who have lost a loved one due to another party’s negligence is real, and that is due to the unfair system that SB 447 fixed when it took effect in 2022:
- Before SB 447, a victim who suffered severe injuries and experienced conscious agony, regardless of how brief, before they passed away, was not compensated. In other words, their estate could not recover compensation for that pain and suffering. At the moment of death, those non-economic damages were legally erased, even if a victim survived for hours, days, or even weeks or longer, experiencing terrible pain and turmoil, but eventually died due to their injuries.
This often resulted in the intentional delay of a trial or settlement for the victim and their family, amounting to a tragic benefit for the wrongdoer if the victim dies before the trial or settlement. In other words, there was what amounted to a massive financial discount for the negligent party in terms of the potential damages owed to the family for that period of time between the accident and their loved one’s death.
SB 447 put a stop to this injustice. But soon, the law expires.
Sacramento Families Must Act Now If They Have Lost a Loved One
If a case is filed before the end of 2025, families can seek justice for the pain their loved one experienced prior to passing. After the sunset of SB 447, the law takes a step backward in terms of holding negligent parties responsible for the death of another human being.
A Possible Solution to the Sunset Threat
The California Legislature has introduced Senate Bill (SB) 29 to address the injustice of SB 447’s expiration. If passed, SB 29 will either extend or make permanent the provisions of SB 447. However, if the California Legislature does not pass SB 29, all claims filed on or after January 1, 2026, will revert to the old, punitive system that denies victims their full compensation and leaves negligent lawbreakers off the hook financially.
Who Stands to Lose the Most in Sacramento?
Injury Victims and Their Families: If your loved one was hurt in a devastating truck accident on I-5 or suffered a fatal injury at a Sacramento construction site, warehouse, or other local workplace, and lived for any period of time before passing, this law directly affects your compensation.
Act Now to Secure Full and Fair Compensation for Your Loved One
The Sacramento wrongful death attorneys at Eason & Tambornini are tracking legislative efforts concerning Senate Bill 29. However, there is no reason to risk losing your family’s legal rights to compensation by waiting.
Contact (916) 438-1819 today for a free, confidential case review to ensure the current, fair law protects your claim. If we take your case, there are no fees upfront; you only pay if you win.