The 'Death Discount': Ending an Unjust Legal Paradox

Loren Schwartz of Rouda Feder Tietjen & McGuinn published an insightful op-ed in The Daily Journal addressing a critical issue in California's legal system that affects victims of negligence and their families. The piece shines a spotlight on the urgent need for permanent reform through Senate Bill 29.

California's legal system once contained a troubling loophole known as the "death discount," which allowed negligent parties to escape full accountability when injured victims died before trial. Under this system, a deceased victim's estate could recover economic damages like medical expenses, but claims for pain and suffering—no matter how excruciating—vanished upon death. This created perverse incentives for defendants and insurers to delay proceedings when plaintiffs were elderly or terminally ill, knowing their financial obligation would decrease if the plaintiff died before case resolution.

In 2021, California took a significant step toward correcting this injustice with Senate Bill 447, which amended Code of Civil Procedure 377.34 to allow damages for pain, suffering, and disfigurement to be recoverable in survival actions brought by a deceased plaintiff's estate.

However, this reform has an expiration date of December 31, 2025, after which California will revert to the previous unjust system unless the legislature acts.

Senate Bill 29, introduced by Senator John Laird, would eliminate this sunset provision and permanently end the "death discount," ensuring negligent parties are held accountable for the full harms caused regardless of when a victim dies.

We encourage our readers to learn more about this important legislative effort that impacts justice for victims and their families across California. As advocates for the injured and a firm that fights for families in wrongful death actions, Rouda Feder Tietjen & McGuinn remains committed to supporting reforms that ensure fair treatment for all plaintiffs in our civil justice system.

Read the full article here.