Assembly panel extends protections allowing pain-and-suffering claims to survive a plaintiff’s death

Summary

The Assembly Judiciary Committee voted to send SB 29 to the Appropriations Committee after a lengthy hearing in which supporters said the bill restores access to pain-and-suffering damages for victims who die before their cases conclude and opponents warned it could increase costs for health providers and clinics.

Sen. Bill Laird led a hearing on Senate Bill 29 before the Assembly Judiciary Committee on the status of California law that lets survivors pursue pain-and-suffering damages after a plaintiff dies. The committee voted to refer the bill to the Appropriations Committee.

Supporters said SB 29 restores justice for victims whose lawsuits otherwise would “die with them.” Laird told the committee the law enacted in 2021 that allowed survival claims temporarily included a sunset; SB 29 would extend that protection and require better data collection about filings and settlements. "This just ensures that victims who endure intense pain and suffering are not...denied their justice because they didn't live long enough to realize it," Laird said.

The bill attracted multiple witnesses offering first‑hand testimony. Amy Martel, a plaintiffs' medical‑malpractice attorney, said statutes of limitations limit how long a particular claim can be brought — one year for malpractice and two years for general personal injury — but SB 29…

Assembly panel extends protections allowing pain-and-suffering claims to survive a plaintiff’s death

Summary

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