Consumer Attorneys of California (CAOC) is a professional organization of plaintiffs' attorneys representing consumers seeking accountability against wrongdoers in cases involving personal injury, product liability, environmental degradation and other injury cases and consumer causes.
On April 29, 2021, the CAOC reported some great news - that very day, the California State Senate overwhelmingly passed a CAOC bill to stop "death discounts" enjoyed by corporations. It's Senate Bill 447, legislation authored by Senator John Laird, a Democrat from Santa Cruz. The next step for SB447 is to move forward for consideration by Assembly policy committees.
SB 447 seeks to restore the right of a victim, or their loved ones, to pursue human suffering damages even if they pass away before their case goes to trial. This important law would stop corporations who benefit from existing law, which says that if someone dies and their case is still pending, their heirs are not entitled to recover their general damages.
Some corporations intentionally delay cases, especially when someone is terminally ill, so they can take advantage of the current law. Other corporations have benefitted during the Covid-19 pandemic because the courts are very backed up and justice is being significantly delayed. The end result is corporations pocketing all the money that should have compensated for their suffering, instead of the victim's family receiving that money because the victim died before the litigation ended.
CAOC's legislative director stated in the press release: “We are grateful to the Senate for advancing this critical legislation that will ensure families can still recover human suffering damages even after their loved ones die,” said Nancy Peverini, Legislative Director, Consumer Attorneys of California. “California is one of just five states in the nation that rewards deadly negligence by allowing these damages for the anguish, misery, or grief a victim has experienced to die with them. SB 447 will finally restore access to justice in these cases for victims and their loved ones.”
If your loved one passed away before their personal injury case went to trial, or they are terminally ill and their injury case is still pending, please call me.
Please call (408) 214-5555 or contact me here: