2006 Code of Virginia § 8.01-54 - Judgment to distribute recovery when verdict fails to do so

8.01-54. Judgment to distribute recovery when verdict fails to do so.

A. The verdict may and the judgment of the court shall in all cases specifythe amount or the proportion to be received by each of the beneficiaries, ifthere be any. No verdict shall be set aside for failure to make suchspecification.

B. If either party shall so request the case shall be submitted to the jurywith instructions to specify the distribution of the award, if any. If thejury be unable to agree upon or fail to make such distribution, the courtshall specify the distribution and enter judgment accordingly. For thepurpose of distribution the court may hear additional evidence.

C. The amount recovered in any such action shall be paid to the personalrepresentative who shall first pay the costs and reasonable attorney's feesand then distribute the amount specifically allocated to the payment ofhospital, medical, and funeral expenses. The remainder of the amountrecovered shall thereafter be distributed by the personal representative, asspecified in subsections A and B above, to the beneficiaries set forth in 8.01-53; provided that any distribution made to any such beneficiaries shallbe free from all debts and liabilities of the decedent. If there be no suchbeneficiaries, the amount so recovered shall be assets in the hands of thepersonal representative to be disposed of according to law.

(Code 1950, 8-638; 1954, c. 333; 1973, c. 401; 1977, c. 617.)