What is the test for a cause of action for wrongful death?
California, United States of America
The following excerpt is from Barrett v. Superior Court, 222 Cal.App.3d 1176, 272 Cal.Rptr. 304 (Cal. App. 1990):
There are three distinct public policy considerations involved in the legislative creation of a cause of action for wrongful death: "(1) compensation for survivors, (2) deterrence of conduct and (3) limitation, or lack thereof, upon the damages recoverable." (Hurtado v. Superior Court (1974) 11 Cal.3d 574, 584, 114 Cal.Rptr. 106, 522 P.2d 666.)
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