CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.

§55-7-6. By whom action for wrongful death to be brought; amount and distribution of damages; period of limitation.

(a) Every such action shall be brought by and in the name of the personal representative of such deceased person who has been duly appointed in this state, or in any other state, territory or district of the United States, or in any foreign country, and the amount recovered in every such action shall be recovered by said personal representative and be distributed in accordance herewith. If the personal representative was duly appointed in another state, territory or district of the United States, or in any foreign country, such personal representative shall, at the time of filing of the complaint, post bond with a corporate surety thereon authorized to do business in this state, in the sum of $100, conditioned that such personal representative shall pay all costs adjudged against him or her and that he or she shall comply with the provisions of this section. The circuit court may increase or decrease the amount of said bond, for good cause.

(b) In every such action for wrongful death, the jury, or in a case tried without a jury, the court, may award such damages as to it may seem fair and just, and, may direct in what proportions the damages shall be distributed to the surviving spouse and children, including adopted children and stepchildren, brothers, sisters, parents and any persons who were financially dependent upon the decedent at the time of his or her death or would otherwise be equitably entitled to share in such distribution after making provision for those expenditures, if any, specified in subdivision (2), subsection (c) of this section. If there are no such survivors, then the damages shall be distributed in accordance with the decedent's will or, if there is no will, in accordance with the laws of descent and distribution as set forth in chapter forty-two of this code. If the jury renders only a general verdict on damages and does not provide for the distribution thereof, the court shall distribute the damages in accordance with the provisions of this subsection.

(c) (1) The verdict of the jury shall include, but may not be limited to, damages for the following: (A) Sorrow, mental anguish, and solace which may include society, companionship, comfort, guidance, kindly offices and advice of the decedent; (B) compensation for reasonably expected loss of (i) income of the decedent, and (ii) services, protection, care and assistance provided by the decedent; (C) expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death; and (D) reasonable funeral expenses.

(2) In its verdict the jury shall set forth separately the amount of damages, if any, awarded by it for reasonable funeral, hospital, medical and said other expenses incurred as a result of the wrongful act, neglect or default of the defendant or defendants which resulted in death, and any such amount recovered for such expenses shall be so expended by the personal representative.

(d) Every such action shall be commenced within two years after the death of such deceased person, subject to the provisions of section eighteen, article two, chapter fifty-five. The provisions of this section shall not apply to actions brought for the death of any person occurring prior to July 1, 1988.

§55-7-6. By whom action for wrongful death to be brought; amount and distribution of damages; period of limitation.

Bills Affecting §55-7-6

2001 6X: HB601
2001 6X: HB603
2001 6X: SB6001
2001 Regular Session: HB2825
2001 Regular Session: SB613
2002 Regular Session: HB4043
2002 Regular Session: HB4279
2002 Regular Session: SB625
2003 Regular Session: HB2122
2003 Regular Session: HB2124
2003 Regular Session: HB2406
2003 Regular Session: HB2800
2003 Regular Session: SB72
2004 Regular Session: HB4152
2005 Regular Session: HB3036
2005 Regular Session: HB3260
2005 Regular Session: SB596
2005 Regular Session: SB706
2006 Regular Session: HB4348
2006 Regular Session: SB474
2006 Regular Session: SB543
2007 Regular Session: HB2762
2007 Regular Session: SB374
2008 1X: HB104
2008 1X: SB1002
2008 Regular Session: HB2762
2008 Regular Session: HB4046
2008 Regular Session: HB4049
2008 Regular Session: SB127
2008 Regular Session: SB220
2009 Regular Session: HB2634
2009 Regular Session: HB3178
2009 Regular Session: SB87
2009 Regular Session: SB571
2009 Regular Session: SB634
2010 Regular Session: HB2634
2010 Regular Session: SB149
2010 Regular Session: SB161
2010 Regular Session: SB201
2010 Regular Session: SB486
2011 Regular Session: HB2686
2011 Regular Session: HB3105
2011 Regular Session: HB3244
2012 Regular Session: HB2252
2012 Regular Session: SB420
2012 Regular Session: SB612
2013 Regular Session: SB113
2013 Regular Session: SB176
2013 Regular Session: SB484
2014 Regular Session: SB24
2014 Regular Session: SB215
2015 Regular Session: SB134
2015 Regular Session: SB411
2015 Regular Session: SB411
2015 Regular Session: SB456
2015 Regular Session: SB532
2016 Regular Session: HB4309
2016 Regular Session: HB4555
2016 Regular Session: SB14
2017 Regular Session: SB338
2017 Regular Session: SB397
2017 Regular Session: SB465
2018 Regular Session: HB4218
2019 Regular Session: SB510
2019 Regular Session: SB575
2019 Regular Session: SB575