New California Law Could Benefit Mesothelioma Plaintiffs

A recently amended California law will now allow the estates of deceased plaintiffs, including mesothelioma patients, to collect pain and suffering damages.

Previously, only the person who sustained bodily injury could recover pain and suffering damages. These damages are often the largest sums of money at stake in many mesothelioma lawsuits. When it becomes law on Jan. 1, Senate Bill 447 will expand the range of recoverable damages and eliminate long-standing restrictions.

The amended statute, signed Oct. 1, allows California to join 45 other states that permit the recovery of noneconomic damages for an assortment of personal injury cases after a plaintiff dies. Florida, Idaho, Colorado and Arizona are the only states that still prohibit the practice.

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