§ 5-4.1 Action by personal representative for wrongful act, neglect or default causing death of decedent 1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent’s […]
§ 5-4.2 Trial and burden of proof of contributory negligence On the trial of an action accruing before September first, nineteen hundred seventy-five to recover damages for causing death the contributory negligence of the decedent shall be a defense, to be pleaded and proved by the defendant.
§ 5-4.3 Amount of recovery (a) The damages awarded to the plaintiff may be such sum as the jury or, where issues of fact are tried without a jury, the court or referee deems to be fair and just compensation for the pecuniary injuries resulting from the decedent’s death to the persons for whose benefit […]
§ 5-4.4 Distribution of damages recovered (a) The damages, as prescribed by 5-4.3, whether recovered in an action or by settlement without an action, are exclusively for the benefit of the decedent’s distributees and, when collected, shall be distributed to the persons entitled thereto under 4-1.1 and 5-4.5, except that where the decedent is survived […]
§ 5-4.5 Non-marital children For the purposes of this part, a non-marital child is the distributee of his father and paternal kindred and the father and paternal kindred of a non-marital child are that child’s distributees to the extent permitted by 4-1.2.
§ 5-4.6 Application to compromise action (a) Within sixty days of the application of an administrator appointed under 5-4.1 or a personal representative to the court in which an action for wrongful act, neglect or default causing the death of a decedent is pending, the court shall, after inquiry into the merits of the action […]
