California’s Senate Bill 447 has expired, meaning that survival actions filed on behalf of someone who died due to an overdose in a rehab facility can no longer earn support for non-economic damages.
The sunset of the bill (legislation with an expiration date) could leave the victim’s family with substantially less support.
A survival action is filed by the estate of the deceased to seek compensation for an overdose victim’s hardships if they didn’t pass away immediately. The support earned often goes to the victim’s family.
What Does a Survival Action Do?
A Survival Action is often filed along with a Wrongful Death Claim but with some important differences. A wrongful death claim is usually filed for the benefit of the family that’s left behind.
However, a Survival Action is filed to seek damages the victim suffered before passing on. It acts much like a personal injury claim and goes after compensation the drug rehab patient would have been able to collect had they survived.
A Survival Action is filed by the victim’s estate and asks for money to pay for these and other leftover damages:
- Hospital bills and ambulance fees built up while the victim was still alive
- The paychecks a victim lost while being out of work
- Reimbursement for any property damage
- Punitive damages to punish an extremely careless rehab facility for allowing an overdose (these are rarely issued, but the fines paid by the facility do go to the estate)
Estates used to be able to collect support for the physical pain and mental anguish victims went through. But since AB 447 is now void, that often substantial part of a settlement is no longer available.
Who Gets the Money Awarded in a Survival Action?
The estate of the deceased can be represented by an executor (named in a will) or an administrator appointed by a judge (often a family member).
Once the estate receives a settlement or judgment from a Survival Action, the representative would need to settle any debts the deceased had.
The remaining award money is usually distributed between eligible family members (heirs). The support would usually go to the spouse or children of the victim first. Parents and other family members can also collect support in some cases.
See: Wrongful Death vs. Survival Action in California (heirs vs. estate)
Why Can’t Estates Collect Pain and Suffering Support?
AB 447 was approved as a temporary 4-year law that allowed the estates of wrongful death victims to earn “pain and suffering” damages in a Survival Action claim.
It was set to expire in 2026, and when it did, the law reverted to the old Code of Civil Procedure guidelines. Any Survival Claim filed on January 1, 2026 or later can no longer seek support for non-economic damages.
Non-economic damages, known collectively as pain and suffering damages, cover everything that victims endure that doesn’t come with a bill. Economic damages are things like hospital bills and forfeited paychecks.
Non-economic damages deal with things that are harder to add up. They can include:
- Support for the pain victims experience before they pass on.
- Support for the emotional trauma overdose victims are put through before a tragic death.
- Support for a loss of enjoyment of life while suffering through a difficult recovery (or attempted recovery).
- Support for discouragement and depression that rehab patients can be left with.
AB 447 no longer allows compensation for these factors through a Survival Claim. Fortunately, families who are put through an extremely difficult time after the death of a loved one can seek pain and suffering damages through a wrongful death claim.
Contact Us if a California Rehab Facility Allowed Your Loved One to Overdose.
Attorney Martin Gasparian offers a free, confidential consultation to families who lost a loved one at a California rehab facility.
Call us today or fill out a free case review form.