The bill amends South Dakota's wrongful death statute, specifically section 21-5-7, to clarify the jury's role in awarding damages. The revised language specifies that in wrongful death actions, the jury may award damages that they believe are proportionate to the pecuniary injury resulting from the death, and it explicitly states that these damages are to be awarded to the person or persons for whose benefit the action is brought.

Additionally, the bill introduces a significant change by stating that punitive damages are not available in wrongful death actions, regardless of any previous judicial interpretations of this section. This clarification aims to provide a more definitive understanding of the types of damages that can be awarded in such cases, ensuring that punitive damages are excluded from consideration.

Statutes affected:
Introduced, 01/22/2025: 21-5-7