Nov. 20, 2025
Survivors will no longer recover pain and suffering damages
Effective Jan. 1, 2026, California will no longer allow survivors to recover damages for a deceased loved one's pain, suffering or disfigurement in survival actions, narrowing recovery options and returning the state to the minority that limits such claims.
The families of deceased individuals will soon lose the right to recover damages for their loved one's pain, suffering and disfigurement. Effective Jan. 1, 2026, surviving successors in interest will no longer be able to seek these types of damages in death cases, returning California to the minority of states that don't allow recovery of pain and suffering damages by relatives of the deceased.
Because the law that p...
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