This Comment addresses the denial by California courts of mental anguish damages in wrongful death actions, despite strong policy reasons to the contrary. The author discusses the inconsistencies that exist when outdated legal doctrine preclude compensation for a recognized, legitimate element of damages, and proposes that mental anguish damages be recognized in wrongful death actions. Additionally, the author explores the concept of "hedonic value" and its potential application in wrongful death damage assessment.
Thomas E. Courtney Jr.,
Wrongful Death Damages in California: On the Brink of Full Compensation,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol24/iss4/10