South Dakota Codified Laws
Chapter 05 - Wrongful Death Actions
Section 21-5-2 - Causes of action surviving death of defendant.

21-5-2. Causes of action surviving death of defendant.
Actions for wrongful death or personal injury shall survive the death of the wrongdoer whether or not the death of the wrongdoer occurred before or after the death or injury of the injured person.

Source: SDC 1939, ยง37.2201 as added by SL 1947, ch 172.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 05 - Wrongful Death Actions

Section 21-5-1 - Liability for wrongful death where damages for injury could have been recovered--Unborn child.

Section 21-5-2 - Causes of action surviving death of defendant.

Section 21-5-3 - Limitation of actions.

Section 21-5-4 - Foreign statute of limitations applicable.

Section 21-5-5 - Relatives for whose benefit action brought--Personal representative to bring action.

Section 21-5-6 - Settlement of claim by personal representative--Court approval required--Consent by competent beneficiaries.

Section 21-5-7 - Damages proportionate to pecuniary injury to beneficiaries.

Section 21-5-8 - Apportionment of damages among beneficiaries.

Section 21-5-9 - Worker's compensation law governs where applicable.