21-5-8. Apportionment of damages among beneficiaries.
The amount received by such personal representative, whether by settlement or otherwise, shall be apportioned among the beneficiaries, unless adjusted between themselves, by the court making the appointment, in such manner as shall be fair and equitable, having reference to the age and condition of such beneficiaries.
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 1984, ch 158, §2.
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.