California SB 29: Proposed Law Would Restore Pain and Suffering Damages in Survival Actions
If you’ve lost a loved one due to someone else’s negligence in California, you know the profound emotional and financial toll it takes. Under current California law, your family may be barred from recovering damages for the pain and suffering your loved one endured before death—even if that suffering was severe and prolonged. A pending bill, Senate Bill 29 (SB 29), aims to change that by restoring the right to claim pain and suffering damages through survival actions. This article explains what SB 29 proposes, who it affects, and what California families should know. (For background on the bill, see the original article from CEB.)
California Probate and Trust, PC serves California residents navigating probate, trust administration, and estate planning. We help executors, trustees, beneficiaries, and families understand their legal rights and options—including when a wrongful death or survival action may be part of settling an estate.
Key Takeaways
Who This Article Is For
This guide is written for:
If you’re dealing with the aftermath of a loved one’s death and wondering whether you can recover compensation for their suffering, this article will help you understand the current law, what SB 29 proposes, and when to seek legal help.
What Is a Survival Action in California?
A survival action is a lawsuit brought on behalf of a deceased person’s estate to recover damages the decedent could have claimed if they had lived. It “survives” the person’s death and is prosecuted by the executor or personal representative of the estate.
Survival actions can arise from:
Historically, survival actions in California allowed recovery for both economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, emotional distress). However, a 2022 California Supreme Court decision dramatically narrowed what can be recovered.
The 2022 Supreme Court Decision: Quiroz v. Seventh Ave. Center
In Quiroz v. Seventh Ave. Center (2022), the California Supreme Court ruled that survival actions cannot include damages for pain and suffering suffered by the decedent before death. The Court held that only economic losses—such as medical bills and lost earnings—could be recovered through a survival action.
The practical effect was devastating for many families. Even if a loved one suffered for days, weeks, or months before dying from injuries caused by someone else’s wrongdoing, the estate could not recover damages for that suffering in a survival action. Pain and suffering damages were limited to wrongful death claims, which have strict rules about who can bring them and what can be recovered.
The Problem This Created
Under Quiroz, many deserving families were left without a remedy. For example:
This gap in the law meant that wrongdoers faced reduced accountability, and families were denied justice for their loved one’s suffering.
What Senate Bill 29 Would Do
SB 29, introduced in the California Legislature, would overturn the Quiroz decision by restoring the right to recover pain and suffering damages in survival actions.
Specifically, the bill would:
Why This Matters
Restoring pain and suffering damages in survival actions would:
Survival Actions vs. Wrongful Death Claims: What’s the Difference?
It’s important to understand how survival actions and wrongful death claims differ, because both may be filed after a loved one’s death—and both can be affected by SB 29.
Survival Action
Wrongful Death Claim
In many cases, both a survival action and a wrongful death claim can be filed. They address different harms: the decedent’s own suffering (survival) and the family’s loss (wrongful death). SB 29 would restore balance by ensuring the decedent’s suffering is also compensable.
Real-World Scenarios: How SB 29 Could Help California Families
Example 1: Nursing Home Neglect
Maria’s 82-year-old father was a resident of a skilled nursing facility in Los Angeles. He developed severe bedsores due to neglect, suffered infections, and endured significant pain for several weeks before dying. Under current law, Maria, as executor of his estate, can recover his medical bills and perhaps some economic damages—but not the pain and suffering he experienced. If SB 29 passes, the estate could recover damages for his suffering, holding the facility accountable for the full extent of the harm.
Example 2: Car Accident with Delayed Death
James was seriously injured in a car accident caused by a drunk driver. He survived for five days in the hospital, conscious and in severe pain, before succumbing to his injuries. James was unmarried with no children. Under Quiroz, his estate cannot recover pain and suffering damages, and no wrongful death beneficiary exists to bring a claim. SB 29 would allow his estate to recover for those five days of suffering, ensuring the drunk driver is held fully responsible.
Example 3: Medical Malpractice
A San Diego woman underwent surgery and experienced complications due to a surgeon’s error. She suffered for two weeks before dying from sepsis. Her spouse can file a wrongful death claim for loss of companionship, but the estate currently cannot recover for her pain during those two weeks. SB 29 would change that, allowing the estate to seek compensation for her suffering.
How SB 29 Would Apply: Retroactivity and Pending Cases
One of the most important features of SB 29 is its retroactive application. The bill is designed to apply to cases that are still pending in court, even if the injury or death occurred before the law takes effect.
This means:
What You Should Do Now
If You Have a Potential Claim
If You Are an Executor or Personal Representative
If You Are a Beneficiary or Heir
Common Mistakes to Avoid
Why Work with California Probate and Trust, PC?
At California Probate and Trust, PC, we understand that losing a loved one is one of the most difficult experiences you’ll ever face—especially when that loss was caused by someone else’s negligence or wrongdoing. We serve California families by providing:
If you’re wondering whether you have a survival action or wrongful death claim, or if you’re managing an estate with potential litigation, we can help you understand your rights and next steps.
Frequently Asked Questions (FAQs)
What is the difference between a survival action and a wrongful death claim in California?
A survival action is brought by the decedent’s estate to recover damages the decedent could have claimed if alive (such as medical bills, lost wages, and pain and suffering). A wrongful death claim is brought by certain family members to recover damages for their own loss (such as loss of companionship and support). Both can be filed in the same case, but they serve different purposes and benefit different parties.
Can I recover pain and suffering damages in a survival action under current California law?
No. Under the 2022 Quiroz decision, pain and suffering damages are not recoverable in survival actions—only economic damages like medical expenses and lost earnings. However, if SB 29 passes, pain and suffering damages would be restored.