§ 21-5-1 Liability for wrongful death where damages for injury could have been recovered–Unborn child
§ 21-5-2 Causes of action surviving death of defendant
§ 21-5-3 Limitation of actions
§ 21-5-4 Foreign statute of limitations applicable
§ 21-5-5 Relatives for whose benefit action brought–Personal representative to bring action
§ 21-5-6 Settlement of claim by personal representative–Court approval required–Consent bycompetent beneficiaries
§ 21-5-7 Damages proportionate to pecuniary injury to beneficiaries
§ 21-5-8 Apportionment of damages among beneficiaries
§ 21-5-9 Worker’s compensation law governs where applicable
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 5 - Wrongful Death Actions

  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.