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Advocate Articles

Survival Actions: Under-Deterrence, Pain and Suffering, and Punitive Damages (Advocate Article)

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Date Published

January 1, 2012


Consumer Attorneys Association of Los Angeles


Pain & Suffering, Punitive Damages


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California does not allow recovery of a decedent's pre-death pain and suffering in a survival action, and does not expressly allow for survival of a decedent's action where the loss or damage occurs simultaneously with the death of the person.

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Gregory P. Waters

Gregory P. Waters, of Engstrom, Lipscomb & Lack specializes in appeals, general civil litigation, and product liability.... Read More

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Survival Actions - Paper
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