Torts/Personal Injury,
Civil Procedure
May 13, 2025
The 'death discount': Ending an unjust legal paradox
California law once allowed negligent parties to escape full accountability when injured victims died before trial--erasing their pain and suffering from the record--but unless lawmakers pass Senate Bill 29 to make recent reforms permanent, that unjust "death discount" will return in 2026.
Loren E. Schwartz
Partner
Rouda Feder Tietjen & McGuinn
University of San Francisco SOL; San Francisco CA
Historically, California law had a troubling loophole: if a negligent
party injured someone--especially an elderly person or someone with a terminal
illness--they could benefit financially by delaying the case until the victim
died.
Or access this article for $45
Already a subscriber?
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Sign In
Enewsletter Sign-up