Pre-Death Pain and Suffering Damages: A Vital Step Toward Justice in California Wrongful Death Cases

For decades, California law denied grieving families the ability to recover damages for a loved one’s pain and suffering before death in cases of medical negligence. That changed in 2022—and new research shows that the feared consequences of this change never materialized. According to Consumer Watchdog, California’s top medical malpractice insurers paid out a record low percentage of premiums in claims after the law changed, debunking the myth that allowing pre-death pain and suffering damages would lead to an avalanche of lawsuits or rising healthcare costs.

The analysis, led by actuary Ben Armstrong, found that the loss ratio for the five largest malpractice insurers in California dropped to just 7% in the year following the 2022 reforms—an all-time low. Over a ten-year span, California’s average loss ratio was also well below the national average, indicating that physicians in the state are still overpaying for coverage, despite dire industry warnings.

These findings matter not just because they expose the insurance lobby’s scare tactics, but because they reaffirm the value of SB 29—a bill now pending in the California Senate that would make the right to recover pre-death pain and suffering damages permanent. This right is critical for families whose loved ones endured agonizing pain due to negligence, only to die before their stories could be heard in court.

Before this legal shift, defendants could delay cases, knowing the law would effectively erase any consequence for a victim’s suffering once they died. The inability to recover these damages often meant families couldn’t even find legal representation—as in the heartbreaking case of Tracey Mueller Gibbs, who lost her son Rowan due to clear medical negligence but struggled to secure justice because the law didn’t recognize his suffering.

At North County Injury Lawyers, we’ve handled hundreds of wrongful death cases throughout California, and we’ve seen firsthand how pre-death pain and suffering damages can bring meaningful justice. These claims give voice to those who can no longer speak for themselves. They honor the pain victims endured and hold wrongdoers fully accountable, not just financially—but morally.

We firmly support the continued availability of these damages under SB 29. They are not only a legal tool but a reflection of human dignity. Recognizing a victim’s suffering is a step toward healing for families and a wake-up call for negligent parties.

If your loved one died under suspicious or painful circumstances—especially involving medical care—don’t hesitate to reach out. The attorneys at North County Injury Lawyers are here to answer your questions, review your case, and fight for the justice your family deserves.

Call us today for a free consultation.