KSC, TITLE 6.  THE JUDICIARY
 
Chapter 29.  Wrongful Death

Section 6.2901. Wrongful death.
Section 6.2902.  Action.
Section 6.2903.  Damages; settlement representative.

      Section 6.2901. Wrongful death.

     (1)  If a wrongful act, neglect or default causes a person's death and the deceased would have been entitled to maintain an action and recover damages if the death had not occurred, the person who would have been liable if death had not ensued, or the administrator or executor of the person's estate, in his capacity as administrator or executor, is liable to an action for damages for the death.

     (2)  When an action is against an administrator or executor the damages recovered are a valid claim against the estate represented by the executor or administrator.

     (3)  When a death results from wrongful act, neglect or default outside the State in a jurisdiction where a statute provides a right to maintain an action and recover damages for the death, the Court entertains the action. The period of limitations of the jurisdiction applies to an action brought pursuant to this subsection.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.2902.  Action.
       An action pursuant to this chapter is in the name of the deceased's personal representative, and is for the exclusive benefit of the surviving spouse, the children and next of kin, of the decedent, as the Court directs.

      Section 6.2903.  Damages; settlement representative.
       Damages in an action pursuant to this chapter may not exceed one hundred thousand dollars awarded by the Court to persons for whose benefit the action was brought in proportion to their respective injuries which, when the deceased is a child, and the plaintiff is the parent of the child, or stands in the place of a parent pursuant to custom, includes mental pain and suffering for the loss of the child without regard to provable pecuniary damage.  With the Court's consent a personal representative at any time may settle with the defendant the amount of damages.
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