Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL § 21-5-1 Liability for wrongful death where damages for injury could have been recovered--Unborn child
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Whenever the death or injury of a person, including an unborn child, shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and recover damages in respect thereto, if death ha…
SDCL § 21-5-2 Causes of action surviving death of defendant
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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, § 37.2201 as added by SL 1947, ch 172 .
SDCL § 21-5-3 Limitation of actions
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Every action for wrongful death shall be commenced within three years after the death of such 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 .
SDCL § 21-5-4 Foreign statute of limitations applicable
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Whenever the death of a citizen of this state has been caused by a wrongful act, neglect, or default in another state, territory, or foreign country for which a right to maintain an action and recover damages in respect thereto is given by a statute of such other state, territory…
SDCL § 21-5-5 Relatives for whose benefit action brought--Personal representative to bring action
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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 representa…
SDCL § 21-5-6 Settlement of claim by personal representative--Court approval required--Consent by competent beneficiaries
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Such personal representative may at any time before or after the commencement of a suit for wrongful death settle with the defendant the amount to be paid to him as damages for the wrongful death of the decedent. If such personal representative was appointed in this state and set…
SDCL § 21-5-7 Damages proportionate to pecuniary injury to beneficiaries
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In every action for wrongful death the jury may give such damages as they may think proportionate to the pecuniary injury resulting from such death to the persons respectively for whose benefit such action shall be brought. Source: SL 1909, ch 301 , § 3; RC 1919, § 2931; SDC 1939…
SDCL § 21-5-8 Apportionment of damages among beneficiaries
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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 a…
SDCL § 21-5-9 Worker's compensation law governs where applicable
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Where applicable the law relating to worker's compensation supersedes the provisions of this chapter. Source: RC 1919, § 2932; SDC 1939 & Supp 1960, § 37.2204.