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Committee advances bill removing $36,100 medical‑expense threshold for certain victim recoveries
Summary
A4684, which would remove the $36,100 medical‑expense threshold that can bar pain‑and‑suffering recovery in certain offenses, was released after testimony from a civil litigator who said the threshold creates technical barriers for survivors of long‑ago abuse.
The Assembly Judiciary Committee released A4684 with committee amendments after testimony describing how a $36,100 medical‑expense threshold can bar pain‑and‑suffering recovery for survivors of long‑ago abuse and assault.
Laura Lovett, an attorney with Herman Law who represents survivors of childhood sexual abuse, testified the Child Victims Act opened the door to civil claims but did not address practical evidentiary barriers. She told the committee that many survivors never sought or retained records of psychiatric or psychological treatment from decades earlier and that the $36,100 medical‑expense requirement can operate as a technical bar to recovery in cases where pain and suffering are the primary damages.
“It's simply a limitation on recovery for pain and damages suffering,” Lovett said, explaining that appellate decisions have led to dismissal of pain‑and‑suffering claims when plaintiffs cannot document the specified medical expenses. Committee members asked about interplay with criminal statutes and the Tort Claims Act; witnesses clarified that the Child Victims Act removed certain immunities and that Title 59 (the Tort Claims Act) contains procedural safeguards for suits against public entities.
After discussion, the committee voted to release A4684 with committee amendments. One member said they would abstain to review the bill further; other members voted to advance the measure.
