(1) Whenever the death of a person results from an injury inflicted by the negligence
or wrongful act of another, damages may be recovered for the death from the person
who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. The action shall be prosecuted by the personal representative of the deceased.
(2) The amount recovered, less funeral expenses and the cost of administration and
costs of recovery including attorney fees, not included in the recovery from the defendant,
shall be for the benefit of and go to the kindred of the deceased in the following
(a) If the deceased leaves a widow or husband, and no children or their descendants,
then the whole to the widow or husband.
(b) If the deceased leaves a widow and children or a husband and children, then one-half
(1/2) to the widow or husband and the other one-half (1/2) to the children of the
(c) If the deceased leaves a child or children, but no widow or husband, then the
whole to the child or children.
(d) If the deceased leaves no widow, husband or child, then the recovery shall pass
to the mother and father of the deceased, one (1) moiety each, if both are living;
if the mother is dead and the father is living, the whole thereof shall pass to the
father; and if the father is dead and the mother living, the whole thereof shall
go to the mother. In the event the deceased was an adopted person, “mother” and “father” shall mean the adoptive parents of the deceased.
(e) If the deceased leaves no widow, husband or child, and if both father and mother
are dead, then the whole of the recovery shall become a part of the personal estate
of the deceased, and after the payment of his debts the remainder, if any, shall pass
to his kindred more remote than those above named, according to the law of descent
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