in CA when a plaintiff dies prior to settlement, is he entitled to all medical specials including those that are not paid yet? I need case law/statute to support my argument that plaintiff is entitled to recover all bills including outstanding?
Country relating to Question: United StatesState (if USA): California
The answer is Yes, here is the statute, Code of Civil Procedure § 377.34: 377.34. In an action or proceeding by a decedent's personal representative or successor in interest on the decedent's cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement. From http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=377.30-377.35
The phrase "incurred before death" includes unpaid medical bills.
Here are some other relevant statutes: 377.30. A cause of action that survives the death of the person entitled to commence an action or proceeding passes to the decedent's successor in interest, subject to Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Probate Code, and an action may be commenced by the decedent's personal representative or, if none, by the decedent's successor in interest. 377.31. On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest. 377.20. (a) Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period. (b) This section applies even though a loss or damage occurs simultaneously with or after the death of a person who would have been liable if the person's death had not preceded or occurred simultaneously with the loss or damage. 377.21. A pending action or proceeding does not abate by the death of a party if the cause of action survives. Via http://leginfo.ca.gov/cgi-bin/calawquery?codesection=ccp&codebody=&hits=20I hope this information is helpful.
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