The Sunset of SB 447: California’s Survival Damages Pilot Program Expires

For decades California has been one of only five states where a person’s right to compensation for "pain and suffering" essentially died with them. Under the traditional rule, a deceased person's estate could only recover economic losses, such as medical bills or lost wages. However, this changed on January 1, 2022, with the launch of SB 447. This legislation temporarily suspended the old rule, allowing a decedent’s successors to step into their shoes and recover noneconomic damages for pain and suffering the person endured before passing away.

In 2021, pandemic-related court backlogs created an environment where plaintiffs were dying while waiting for trial dates. Proponents of SB 447 argued this incentivized defendants to delay proceedings, because a plaintiff’s death would significantly lower the potential payout. In response, California launched SB 447, which allowed the recovery of damages for pain and suffering after a person’s death, as a pilot program designed to collect data on payout increases. Attorneys were required to report award amounts to the Judicial Council. The legislature hoped to use this data to determine if expanded survivor rights should become a permanent part of California law.

Because it was designed as a pilot program, SB 447 included a "sunset provision." Unless the legislature acted to extend it, the law is set to expire. Despite lobbying from consumer groups, as of January 1, 2026, the pilot program will officially end. For plaintiff advocates, this is a significant step back. For any case filed on or after New Year’s Day, the estate's right to collect for pre-death emotional distress or physical pain is gone. Litigation now reverts to the old standard: recovery will be limited to measurable financial losses.

This deadline has triggered a scramble within the legal community. The right to these higher damages is tied to when a case is filed, plaintiff attorneys are working hard to file potential survival actions before the December 31, 2025, cutoff. On the other side of the fence, the defense community views this sunset as a return to lower exposure. However, defense firms are bracing for a wave of last minute filings hitting the courts, as attorneys push to 'grandfather in' the high value pain and suffering damages before the SB 447 window closes