What is the state's interest in a wrongful death action?

California, United States of America


The following excerpt is from Hurtado v. Superior Court, 11 Cal.3d 574, 114 Cal.Rptr. 106, 522 P.2d 666 (Cal. 1974):

4 'Wrongful death statutes create causes of action in specified beneficiaries and distribute the proceeds to those beneficiaries. The proceeds in the hands of the beneficiaries are not distributed through the decedent's estate and, therefore, are not subject to the claims of the decedent's creditors and consequently do not provide a fund for local creditors. Accordingly, the interest of a state in a wrongful death action insofar As plaintiffs are concerned is in determining the distribution of proceeds to the beneficiaries and that interest extends only to local decedents and beneficiaries.' (Reich v. Purcell, Supra, at p. 556, 63 Cal.Rptr. at p. 35, 432 P.2d at p. 731; italics added.)

5 'Missouri's limitation on damages expresses an additional concern For defendants, however, in that it operates to avoid the imposition of excessive financial burdens on them. That concern is also primarily local.' (Reich v. Purcell, Supra, at p. 556, 63 Cal.Rptr. at p. 35, 432 P.2d at p. 731; italics added.)

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