6.05.020 Parties; Measure of Damage; Limitation of Action; Settlement; Apportionment Among Beneficiaries

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 executor or regular or special administrator of the deceased person; and in every such action 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. Every such action shall be commenced within three (3) years after the death of such deceased person. Such personal representative may at any time before or after the commencement of a suit settle with the defendant the amount to be paid to him as damages for the wrongful death of the decedent. If settlement is made before the commencement of a suit, such settlement must have the approval of the Court of the representative's appointment. If settlement is made at any time after commencement of the action, such settlement must have the consent and approval of the Court wherein the action is pending.

If all the statutory beneficiaries are of full age and competent, and consent in writing to the proposed settlement, the same may be made at any time, before or after suit, without consent of the Court. 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 and the laws of descent and distribution of personal estates left by persons dying intestate.