California Revised Its Survival Action Statute - PLG Nursing Home Abuse & Neglect Injury Attorneys in California

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California Revised Its Survival Action Statute

California Revised Its Survival Action Statute

As of January 1, 2022, significant amendments were made to the long-standing California law, Code of Civil Procedure [“C.C.P.”]§ 377.34, which may greatly affect your wrongful death case. These major amendments aim to resolve survival action cases in the State of California, marking California the 46th state to allow this type of recovery for a deceased person, otherwise known as a decedent.

Here, we will compare the old CCP 377.34 versus the revised version and what these amendments could mean for decedents and their families.

Not only is this news significant for the State of California, but it may impact how the Peck Law Group attorneys handle wrongful death claims in the future.

Wrongful Death Claim Versus Survival Action

A wrongful death claim emphasizes the decedent’s close family members, allowing them to file a wrongful death action against those responsible for the decedent’s death and damages.

Potential damages in a wrongful death claim include:

  • Grief
  • Suffering
  • Financial losses
  • Funeral expenses
  • Medical bills.

A survival action alleges a decedent’s sustained damages between injury and actual death.

In most states, a survival action occurs in tandem with a wrongful death claim. Additionally, the decedent’s estate often recovers damages for a decedent’s pain, suffering, or disfigurement in a survival action.

Before the current amendments to CCP 377.34, survival action claims could not be made in conjunction with wrongful death claims in the State of California.

Comparing the Old CCP 377.34 & Revised CCP 377.34

Initially, the long-standing CCP 377.34 prevented any recovery of damages for a decedent’s pain, suffering, or disfigurement in a survival action, including financial.

Now, the revised CCP 377.34 states that recovery of said damages is permitted through January 1, 2026, in the State of California.

When Does the Revised CCP 377.34 Take Effect?

On October 1, 2021, California Governor Gavin Newsom approved amendments for the survival action statute under Senate Bill Number 447.

On January 1, 2022, the amended CCP 377.34 went into effect, increasing the price to resolve survival actions in California.

Under the revised CCP 377.34, all civil cases filed on or after January 1, 2022, and before January 1, 2026, will be allowed to recover damages for a decedent’s pain, suffering, or disfigurement in a survival action.

The current end date of January 1, 2026 means the revised law is not yet permanent in the State of California.

Wrongful Death in Los Angeles & Orange County

The Peck Law Group attorneys have vast expertise in wrongful death claims, law, and litigation. When loved ones recover from traumatic losses, such as the wrongful death of a family member, it can be emotional.

The Peck Law Group will continue to advocate for families seeking protection due to the wrongful death of a loved one. Our attorneys are happy to provide support and resources for you to ensure you receive the best possible outcome.

For more information about how the Peck Law Group attorneys help grieving families navigate recovery following the wrongful death of a loved one, please visit Practice Areas: Wrongful Death or call 866-999-9085 to speak with an attorney for free today.

Nursing Home Abuse & Neglect Attorney Steven Peck

About the Author

Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.


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