What is California Code of Civil Procedure Section 377.34?

过去加州是少数不允许对伤者生前遭受的疼痛和痛苦进行经济索赔的州之一。一旦伤者去逝，诉讼法规不允许对死者的任何痛苦或毁容进行赔偿。近年来，在州长加文-纽森的领导下，州法律也随著变化。现在，在死者的继承人或代表提起的不当死亡诉讼中允许对疼痛和痛苦进行索赔。

California Code of Civil Procedure (CCP) Section 377.34 changed with the passage of AB 447.

Prior to the passage of AB 447, some recently deceased family members were forced to file survival lawsuits in court to seek damages before their loved one passed away. This was unfair to the loved ones because it required them to fight unnecessary lawsuits to get the financial help they deserved. The new law addresses this unfairness and provides these survivors with the opportunity to seek damages without seeking a preferred trial setting.

How might recent changes in long-standing laws affect your wrongful death case?

In previous years, CCP 377.34 did not allow claims for economic or noneconomic losses suffered by the decedent immediately prior to death. This meant that a survival lawsuit could not cover any pain and suffering the decedent endured immediately prior to death. In some cases, the decedent’s legal representative or surviving spouse could recover compensation through a wrongful death claim, but this requires more work.

Today, the law is different than it used to be. Let’s say you lost a loved one in an accident or malicious act, and they suffered pain, mental anguish, or disfigurement before they eventually passed away. In this case, you may be able to recover compensation for those damages. The new law will remain in effect from January 1, 2026.

How do I submit documents related to pain and suffering damages?

CCP Section 377.34 requires a surviving heir, spouse, or agent to file all relevant information within 60 days of receiving a judgment or settlement in the case. If surviving family members prefer (and it is recommended that they do so), they can have professional legal counsel file the relevant documents on their behalf.

Necessary documents include a copy of the court judgment, consent judgment, or court-approved settlement agreement. In addition, a cover page must be submitted detailing the filing date, the final disposition date of the survival action, and the amount of damages awarded (whether economic or non-economic damages).

These documents may be filed online or mailed to the Judicial Council of California.

What is the difference between a wrongful death claim and a survival lawsuit?

A wrongful death claim allows the survivors of a deceased person to file a lawsuit against the responsible parties, holding them responsible for the tragic death of a family member. A wrongful death lawsuit has the potential to award damages for emotional distress, lost income, funeral expenses, medical expenses, and pain and suffering. These damages compensate for the loss of a surviving loved one following their death.

Survival lawsuits, meanwhile, cover damages incurred between the time the accident occurred and the time the victim passed away. In the past, survival lawsuits were not allowed to be pursued at the same time as wrongful death claims. Now, survival lawsuits are often allowed to be pursued at the same time as wrongful death claims, but they serve to address different periods of suffering and loss of life.

生存诉讼和非正常死亡索赔可以单独提起，也可以合并为一项诉讼。为确保您能正确地提出索赔，请联繫邓洪律师事务所进行免费案件审查和评估。

Who can receive damages after a survival lawsuit is awarded?

Even if a survivorship lawsuit is filed by a single representative, they are acting on behalf of the decedent’s estate and its beneficiaries. If their lawsuit is successful, any potential damages will go to the decedent’s heirs and the heirs specified or designated in the estate plan.

Call or text the Deng Hong Law Office at (626) 280-6000 to schedule a free case evaluation.

If your spouse was seriously injured in a motor vehicle accident and later died, you may have the right to file a wrongful death lawsuit to recover damages from the at-fault party. Previously, the old law did not allow for the recovery of non-economic damages through a survival lawsuit. The new law provides that it will enable estates to receive compensation for “pain, suffering, and disfigurement” incurred prior to death. This is a major victory for accident victims and their families because it removes a cruel barrier that has prevented many estates from obtaining compensation for pain and suffering caused by the at-fault party.

The Deng Law Firm has years of experience representing clients and their families in difficult personal injury cases and wrongful death claims. While every case is unique, we have the knowledge and experience to provide you with the winning legal representation you deserve and help you through difficult situations. To discuss your wrongful death and survival lawsuit in more detail, please contact the Deng Law Firm.

To schedule a free consultation, call or text us at 626-280-6000.