South Dakota Statutes

§ 21-5-8 — Apportionment of damages among beneficiaries.

South Dakota § 21-5-8
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-5WRONGFUL DEATH ACTIONS

This text of South Dakota § 21-5-8 (Apportionment of damages among beneficiaries.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 21-5-8 (2026).

Text

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.

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Related

Sander v. Geib, Elston, Frost Professional Ass'n
506 N.W.2d 107 (South Dakota Supreme Court, 1993)
86 case citations
In Re Estate of Howe
2004 SD 118 (South Dakota Supreme Court, 2004)
18 case citations
Zoss v. Dakota Truck Underwriters
1998 SD 23 (South Dakota Supreme Court, 1998)
12 case citations
Flagtwet v. Smith
393 N.W.2d 452 (South Dakota Supreme Court, 1986)
8 case citations

Legislative History

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; SL 1984, ch 158, § 2.

Nearby Sections

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Bluebook (online)
South Dakota § 21-5-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-5-8.