§ 10-7-2 - Persons who may bring actions – Limitation of actions – Minimum recovery period.
SECTION 10-7-2
§ 10-7-2 Persons who may bring actions– Limitation of actions – Minimum recovery period. – Every action under this chapter, other than one brought under § 10-7-1.2,shall be brought by and in the name of the executor or administrator of thedeceased person, whether appointed or qualified within or without the state,and of the amount recovered in every action under this chapter one-half (1/2)shall go to the husband or widow, and one-half (1/2) shall go to the childrenof the deceased, and if there are no children, the whole shall go to thehusband or widow, and, if there is no husband or widow, to the next of kin, inthe proportion provided by law in relation to the distribution of personalproperty left by persons dying intestate; except that no person who is adjudgedto be in willful contempt of being in excess of six (6) months in arrears of anorder to pay child support for the deceased individual shall be allowedrecovery pursuant to this chapter and a person so adjudged shall be deemed tohave predeceased the child for the purpose of determining distribution underthe intestacy statute. Every action brought under § 10-7-1.2 shall bebrought by and in the name of the person or persons sustaining the loss ofsociety, companionship and/or consortium and the amount recovered shall go tothe person or persons who sustained the loss. Except as otherwise provided,every action brought pursuant to this chapter shall be commenced within three(3) years after the death of the person. With respect to any death caused byany wrongful act, neglect or default which is not known at the time of death,the action shall be commenced within three (3) years of the time that thewrongful act, neglect or default is discovered or, in the exercise ofreasonable diligence, should have been discovered. Whenever any person orcorporation is found liable under §§ 10-7-1 – 10-7-4 he or sheor it shall be liable in damages in the sum of not less than two hundred fiftythousand dollars ($250,000).