Last year’s amendments to California’s Code of Civil Procedure has left elder rights advocates seeking further clarification, says elder abuse lawyer Ed Dudensing.
On January 1, 2022, a significant amendment to California’s legal landscape came into effect. The California Code of Civil Procedure (CCP) section 377.34 was modified to enable the recovery of damages for pre-death pain and suffering. The change represents a substantial shift in California’s legal framework, aligning it with 45 other states across the nation that permit such recoveries.
The potential ramifications of the amendment – especially for older argentina whatsapp number data abuse claimants – are substantial. Many of our clients have endured prolonged periods of reckless neglect lasting weeks, months, or even years before their demise. Prior to the amendment, these individuals were limited to a maximum of $250,000 in pre-death pain and suffering damages. We now hope to see an end to caps on pre-death pain and suffering compensation.
Is the removal of the cap on pre-death pain and suffering applicable to plaintiffs in older abuse cases?
Consider CCP section 377.34(f), which explicitly states that “nothing in this section affects claims brought pursuant to Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.”
This reference to “Chapter 11” pertains to the Elder Abuse Act. Some defendants contend that section 377.34(f) was intended to exclude elder abuse plaintiffs from seeking uncapped pre-death pain and suffering damages. Senior rights advocates maintain that section 377.34(f) was not crafted to grant elder abuse claimants fewer rights than other tort claimants. The plain language of 377.34(f) simply states that nothing in it “affects” claims brought under the Elder Abuse Act.