|DRAFT CSC, Title 5. The Judiciary|
Actions for Wrongful Death
§ 1431. Liability in action for wrongful death; proceedings.
§ 1432. Action to be brought in name of personal representative; beneficiaries of action.
§ 1433. Damages; limitation period; action may be settled by personal representative.
(1) When the death of a person is caused by wrongful act, neglect or default such as would have entitled the party injured to maintain an action and recover damages in respect thereof if death had not ensued, the person or corporation which would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages notwithstanding the death of the person injured, and although the death was caused under circumstances which make it in law murder in the first or second degree, or manslaughter.
(2) When the action is against such administrator or executor the damages recovered shall be a valid claim against the estate of such deceased person.
(3) When death is caused by wrongful act, neglect or default in another state, territory or foreign country, for which a right to maintain an action and recover damages in respect thereof is given by a statute of that jurisdiction, such right of action may be enforced in the State of Chuuk
Source: (Code 1966, § 25(a); Code 1970, tit. 6, § 201.) 6 TTC 5 §201, modified.
Every action for wrongful death must be brought in the name of the personal representative of the deceased, but shall be for the exclusive benefit of the surviving spouse, the children and other next of kin, if any, of the decedent as the court may direct.
Source: (Code 1966, § 25(b); Code 1970, tit. 6, § 202.) 6 TTC 5 § 202, modified.
(1) The trial court may award such damages, not exceeding the sum of one hundred thousand dollars, as it may think proportioned to the pecuniary injury resulting from such death, to the persons, respectively, for whose benefit the action was brought; provided, however that where the decedent was a child, and where the plaintiff in the suit brought under this chapter is the parent of such child, or one who stands in the place of a parent pursuant to customary law, such damages shall include his mental pain and suffering for the loss of such child, without regard to provable pecuniary damages.
(2) Except as otherwise provided, every such action shall be commenced within two years after the death of such person.
(3) A personal representative appointed in the State of Chuuk
Source: (Code 1966, § 25(c); Code 1970, tit. 6, § 203; P.L. No. 4C-36, § 1.) 6 TTC 5 § 203, modified.