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Senate subcommittee advances bill to make pain-and-suffering survival damages permanent
Summary
SB 29, carried by Senator Laird, would remove a sunset enacted in 2021 that currently limits recovery of pain-and-suffering damages in survival actions; proponents cited victim justice while medical and provider groups warned of potential cost pressures on health care and urged carve-outs for medical malpractice.
The Judiciary subcommittee approved SB 29, which would remove the sunset and make permanent the 2021 reform allowing recovery of pain-and-suffering damages in survival actions, sending the measure to the Senate Appropriations Committee.
Senator Bill Laird, the author, said the law enacted in 2021 corrected an "injustice" by ensuring victims who die before litigation concludes do not lose the right to damages for pain and suffering. "SB 29 just ensures victims who endure immense pain and suffering are not denied justice simply because they don't live long enough to see their day in court," Laird said.
Proponents included Jeff Wells, president of the Consumer Attorneys of…
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