For the last four years, California Senate Bill 447 expanded the damages recoverable in a survival action. During that brief window, the survival action permitted recover of pre-death pain and suffering, as well as disfigurement. Before that, this was never allowed. SB 447 allowed a brief window that required the legislature to extend it before January 1, 2026, otherwise it would automatically revert back to the old law. That time has come and gone, and the old law now applies again.
At Ratto Law Firm, P.C., our California wrongful death and survival action attorneys help you understand what damages are available now that the SB 447 sunset has happened.
What SB 447 Allowed From 2022 Through 2025
SB 447 was enacted to address what many viewed as an unfair limitation in California’s survival statute. Until it was passed, the law didn’t allow the recovery of pain and suffering the victim experienced before their death.
Between January 1, 2022, and December 31, 2025, SB 447 allowed plaintiffs to recover:
- Pain and suffering the decedent experienced before death
- Disfigurement
- Other noneconomic damages tied to the decedent’s conscious experience
This expansion applied only to survival actions, not wrongful death claims, and only to cases filed within the four-year window. Notably, wrongful death actions do not permit pain and suffering recovery for the decedent, but can permit them for the surviving family members.
What Happens Now That SB 447 Has Expired
As of January 1, 2026, the temporary expansion is gone. California is now back to the old rule:
- Pain and suffering damages are no longer recoverable in survival actions filed on or after January 1, 2026.
- Families may still pursue wrongful death damages for their own losses, but not for the decedent’s pre-death suffering.
- Cases filed before the sunset date remain eligible for SB 447 damages, even if they continue into 2026 or settle years later.
The filing date is the controlling factor, not the date of death.
Why the Sunset Matters for Families in 2026
The expiration of SB 447 has immediate and practical consequences for families pursuing justice after a preventable death. Pain-and-suffering damages often represent a substantial portion of a survival action’s value, especially in cases involving:
- Prolonged medical treatment
- Severe burns
- Crushing injuries
- Traumatic brain injuries
- Delayed death following an accident or medical error
- Catastrophic workplace incidents
- Nursing home neglect or abuse
Why the Legislature Allowed the Law to Expire
SB 447 was designed as a temporary measure. Lawmakers wanted data on how expanded survival damages would affect:
- Settlement values
- Jury verdicts
- Litigation volume
- Court workloads
Without further action, the state defaults to its long-standing rule barring pain-and-suffering damages in survival actions.
How Attorneys Are Adjusting Their Strategies in 2026
With SB 447 no longer in effect, attorneys handling wrongful death and survival claims must recalibrate their approach:
- Greater Emphasis on Economic Damages: Medical bills, lost earnings, and loss of financial support become even more critical.
- More Detailed Wrongful Death Evidence: Emotional and relational losses must be thoroughly documented.
- Careful Case Screening: Some claims that were viable under SB 447 may now be less economically feasible.
- Clear Client Communication: Families must understand how the sunset affects potential recovery.
What Families Should Do Now
If you lost a loved one due to negligence, the expiration of SB 447 does not eliminate your rights, it simply changes the types of damages available. Families should:
- Consult an attorney early
- Preserve medical records and evidence of suffering
- Understand the difference between wrongful death and survival claims
- Act promptly to avoid additional procedural hurdles
Learn More About Wrongful Death and Survival Actions in California
If you lost a loved one, a wrongful death and/or survival action may be appropriate. Knowing what you can recover and how to do it can make a big difference in the lives of the love dones left behind.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.