On October 1, 2021, California Governor Gavin Newsom signed California Senate Bill No. 447 into law, which permits a deceased individual’s personal representatives or successors-in-interest to recover damages for the decedent’s pain, suffering, or disfigurement in a lawsuit. Prior to this law, those suing on behalf of a deceased individual were limited solely to damages for the decedent’s injuries and punitive damages, if warranted. They could not previously recover for the decedent’s pain and suffering.

The new law applies to actions that were granted a specified preference before January 1, 2022, and to future actions that are filed on or after January 1, 2022 and before January 1, 2026. Claimants who recover damages for a decedent’s pain, suffering, or disfigurement must submit a copy of the judgment or settlement to the Judicial Council of California within sixty days of obtaining that judgment or settlement. They must also submit a cover sheet detailing the date the action was filed, the date it ended, and the amount and type of damages awarded to them through the action.

In passing this new law, California joins forty-five other states in permitting personal representatives to recover damages for a decedent’s pain and suffering. Arizona, Colorado, Florida, and Idaho do not allow a deceased individual’s successors-in-interest to recover for the decedent’s pain and suffering.

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Photo of Jonah Hall Jonah Hall

Jonah always knew he wanted to make a positive change in his community.

Jonah initially thought he might follow in his mother’s footsteps as an English teacher, but decided he could also make a lasting impact on people’s lives as an attorney.

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Jonah always knew he wanted to make a positive change in his community.

Jonah initially thought he might follow in his mother’s footsteps as an English teacher, but decided he could also make a lasting impact on people’s lives as an attorney.

Active during law school in the Student Bar Association, Jonah made sure he fought for an equitable distribution of seats on the board that sufficiently included diverse students. He also worked to ensure that the school would not increase tuition and that key professors were retained.

Jonah became interested in product liability work because he realizes the degrees of risk involved in being an inventor and innovator. His goal is to be an effective counselor who can help the entrepreneurial process along.

Photo of Ryan White Ryan White

Ryan is a toxic tort and product liability attorney who’s passionate about the law and science behind his cases. Ryan represents clients ranging from small companies to global corporations in toxic tort and product liability litigation. He is an active team member in

Ryan is a toxic tort and product liability attorney who’s passionate about the law and science behind his cases. Ryan represents clients ranging from small companies to global corporations in toxic tort and product liability litigation. He is an active team member in all phases of litigation from inception through trial. Ryan has deposed plaintiffs and their coworkers and relatives, and he has successfully defended against plaintiffs’ motions to compel and to bar affirmative defenses.