When, before having commenced an action hereunder, an employee dies as the result of personal injury received under any of the conditions enumerated under § 131 of this title, his widow, children, or both of them, or if there be no such widow or children, then his parents, provided such parents were dependent upon such employee for support at the time of the injury, may maintain an action against the employer before the Court of First Instance, for damages caused by the death of such employee. Such damages shall not exceed the sum of three thousand dollars ($3,000) and shall be fixed by the court in accordance with:
(a) The degree of culpability of the employer or of the person for whose negligence the employer is liable.
(b) The material damage incurred by the claimant or claimants through the death of the employee in accordance with the actual needs that such claimant or claimants had to depend upon the wages of such employee for their support, taking into consideration his earning capacity and his probabilities of life at the time of the accident.
History —Mar. 1, 1902, p. 150, § 4.