California SB 447 Sunset 2026: No More Pain and Suffering Damages in Survival Actions

What Families and Attorneys Need to Know

As of January 2026, California's SB 447 has officially sunset, ending the temporary expansion that allowed recovery of noneconomic damages—like pain, suffering, and disfigurement—in survival actions. For cases filed on or after January 1, 2026, estates are once again limited to economic damages (medical bills, lost earnings) and punitive damages in egregious cases. Wrongful death claims for heirs remain fully intact with unlimited noneconomic damages.

This change followed a massive surge of filings in late 2025 as plaintiff firms rushed to preserve broader recovery options. Efforts to extend or make SB 447 permanent—such as SB 29—ultimately failed, confirming the return of California's longstanding restrictions on survival noneconomic damages. Insurers are already taking firmer stances on new cases, but skilled plaintiff counsel are adapting by pivoting to the strongest remaining pathways.

California Wrongful Death vs. Survival Actions: Key Differences After SB447 Sunset

Understanding the distinction between wrongful death and survival actions is now essential for maximizing recovery in California death cases.

- Survival actions belong to the decedent's estate and cover pre-death losses (Code Civ. Proc., §§ 377.30, 377.34). 

- Wrongful death actions belong to heirs and compensate their personal pecuniary losses (Code Civ. Proc., § 377.60).

Damages cannot overlap (Code Civ. Proc., § 377.62). Cases filed before January 1, 2026, retain noneconomic survival damages under SB 447. New filings are restricted to economic losses plus punitive damages where malice, oppression, or fraud is proven (Civ. Code § 3294).

This clear divide now shapes case evaluation, pleading, and strategy in every California wrongful death and survival matter.

Maximizing Wrongful Death Damages in California Post-2026

With noneconomic survival damages eliminated for new cases, wrongful death claims have become the primary vehicle for full compensation in California. State law allows uncapped noneconomic damages for heirs' loss of love, companionship, comfort, society, protection, affection, moral support, guidance, and intimacy (CACI No. 3921)—measured by the pecuniary value of the lost relationship (Corder v. Corder (2007) 41 Cal.4th 644).

Economic damages cover lost financial support, household services, and future contributions—even in complex family dynamics where future benefits were reasonably expected.

The noneconomic component drives the largest awards. Compelling evidence of the relationship—family testimonies, photos, videos, and everyday stories—has fueled record-breaking California wrongful death verdicts in recent years, with multiple cases exceeding $20–60 million in 2025 alone.

Post-SB 447 Sunset Survival Actions: Economic Damages and Punitive Opportunities

Survival claims are far from worthless after the 2026 changes. In cases with prolonged pre-death suffering—such as nursing home neglect, catastrophic injuries, or medical malpractice—economic damages alone (medical expenses and lost wages) often reach seven figures.

Punitive damages remain a powerful tool. Clear and convincing evidence of malice, oppression, or fraud unlocks unlimited punitives in survival actions, especially in elder abuse cases (Welf. & Inst. Code § 15657), reckless trucking accidents, or intentional misconduct.

Strategic Tips for California Plaintiff Attorneys After SB 447 Expiration

Smart firms are already implementing these adjustments to thrive in 2026:

- Prioritize wrongful death evidence early — Conduct in-depth family interviews, preserve digital memories, and secure economic experts from intake.

- Aggressively pursue punitive damages — Screen every case for signs of oppression, fraud, or malice to transform limited survival claims into high-leverage matters.

- Refine case selection — Decline marginal files that previously depended on survival noneconomic damages; focus on strong wrongful death relationships, high economic specials, or clear punitive exposure.

- Advance pre-2026 filings quickly — These preserved cases retain full noneconomic survival damages—build conscious pain evidence aggressively for maximum settlement pressure.

- Layer additional claims — Combine with elder abuse, battery, or fraud causes of action to access extra noneconomic and punitive recovery channels.

Future Outlook: Potential Changes to California Survival Damages

The SB 447 sunset has revived California's so-called "death discount" on pre-death suffering, reducing options for many families. Yet wrongful death damages remain robust and unlimited, with recent multimillion-dollar verdicts proving juries still value profound loss.

Plaintiff attorneys are regrouping for future legislative pushes to restore noneconomic survival damages permanently. In the meantime, focused strategy and thorough preparation ensure substantial justice remains achievable. Families searching for experienced California wrongful death attorneys can still secure meaningful accountability by choosing counsel adapted to this new reality.