21-5-1. Whenever If the death or injury of a person, person of an individual, including an unborn child, shall be is caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured to maintain that would otherwise entitle the individual to bring an action and recover damages in respect thereto, if death had not ensued, then and in every such case, the corporation which, or the person who, would have been liable, if death had not ensued, had the individual survived, the wrongdoer, or the personal representative of the estate of such person as such personal representative, shall be the wrongdoer, is liable, to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony; and when the action is against such personal representative, the damages recovered shall be a valid claim against the estate of such deceased person. However, an action under this section involving an unborn child shall be for the exclusive benefit of the mother or the lawfully married parents of the unborn child. 17