| (b) Every such action must be brought by and in the name of |
the personal representative of the deceased person, and the |
amount recovered in every such action, except as otherwise |
provided, is for the exclusive benefit of the surviving spouse if |
no minor children, and of the children if no surviving spouse, |
and one-half for the exclusive benefit of the surviving spouse |
and one-half for the exclusive benefit of the minor children to |
be divided equally among them if there are both surviving spouse |
and minor children, and to the deceased's heirs to be distributed |
as provided in section 2-106 if there is neither surviving spouse |
nor minor children. The jury may give such damages as it |
determines a fair and just compensation with reference to the |
pecuniary injuries resulting from the death to the persons for |
whose benefit the action is brought and in addition shall give |
such damages as will compensate the estate of the deceased person |
for reasonable expenses of medical, surgical and hospital care |
and treatment and for reasonable funeral expenses, and in |
addition may give damages not exceeding $150,000 for the loss of |
comfort, society and companionship of the deceased, including any |
damages for emotional distress arising from the same facts as |
those constituting the underlying claim, to the persons for whose |
benefit the action is brought, and in addition may give punitive |
damages not exceeding $75,000, provided that as long as the |
action is commenced within 2 years after the decedent's death. |
If a claim under this section is settled without an action having |
been commenced, the amount paid in settlement must be distributed |
as provided in this subsection. No settlement on behalf of minor |
children is valid unless approved by the court, as provided in |
Title 14, section 1605. |