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Law Practice,
Torts/Personal Injury

Jan. 5, 2022

SB 447: Brings California in line with national norm on pre-death pain and suffering damages

After decades as an outlier, California is set to join the vast majority of states in recognizing a right of recovery for pre-death pain and suffering damages.

Douglas S. Saeltzer

Shareholder
Walkup, Melodia, Kelly & Schoenberger

650 California St.
San Francisco , CA 94108

Phone: (415) 617-1277

Email: dsaeltzer@walkuplawoffice.com

UC Hastings COL; San Francisco CA

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Spencer J. Pahlke

Shareholder
Walkup, Melodia, Kelly & Schoenberger

Phone: (415) 981-7210

Email: spahlke@walkuplawoffice.com

UC Berkeley SOL Boalt Hall; Berkeley CA

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Kelsey Constantin

Associate
Walkup, Melodia, Kelly & Schoenberger

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After decades as an outlier, California is set to join the vast majority of states in recognizing a right of recovery for pre-death pain and suffering damages. On October 1, 2021, Gov. Gavin Newsom signed Senate Bill 447, bringing California in line with the 45 states and the District of Columbia that allow recovery of pre-death pain and suffering damages. SB 447 amends California Code of Civil Procedure Section 377.34 -- the survival statute -- which wiped out damage...

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