21-5-5. Relatives for whose benefit action brought--Personal representative to bring action.
Every action for wrongful death shall be for the exclusive benefit of the wife or husband and children, or if there be neither of them, then of the parents and next of kin of the person whose death shall be so caused; and it shall be brought in the name of the personal representative of the deceased person.
Source: SL 1909, ch 301, §3; RC 1919, §2931; SDC 1939, §37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149; SL 1995, ch 167, §188.
Structure South Dakota Codified Laws
Chapter 05 - Wrongful Death Actions
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 21-5-7 - 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.