What is the test for damages in a wrongful death action?
California, United States of America
The following excerpt is from Fagerquist v. Western Sun Aviation, Inc., 191 Cal.App.3d 709, 236 Cal.Rptr. 633 (Cal. App. 1987):
"Damages in a wrongful death action are limited to the pecuniary loss suffered by one because of the death of another. [Citations.] This limitation, however, does not prevent recovery for loss of ... comfort and society ... provided these elements are considered in reasonable relation to pecuniary loss. [Citations.]" (Fields v. Riley (1969) 1 Cal.App.3d 308, 313-314 [81 Cal.Rptr. 671].)
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