{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-54.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-54.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-54.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-54.html"}],"law_id":55857,"edition_id":1,"section_id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","history":"Code 1950, \u00a7 8-638; 1954, c. 333; 1973, c. 401; 1977, c. 617.","full_text":"A\n\nThe verdict may and the judgment of the court shall in all cases specify the amount or the proportion to be received by each of the beneficiaries, if there be any. No verdict shall be set aside for failure to make such specification.B\n\nIf either party shall so request the case shall be submitted to the jury with instructions to specify the distribution of the award, if any. If the jury be unable to agree upon or fail to make such distribution, the court shall specify the distribution and enter judgment accordingly. For the purpose of distribution the court may hear additional evidence.C\n\nThe amount recovered in any such action shall be paid to the personal representative who shall first pay the costs and reasonable attorney’s fees and then distribute the amount specifically allocated to the payment of hospital, medical, and funeral expenses. The remainder of the amount recovered shall thereafter be distributed by the personal representative, as specified in subsections A and B above, to the beneficiaries set forth in § 8.01-53; provided that any distribution made to any such beneficiaries shall be free from all debts and liabilities of the decedent. If there be no such beneficiaries, the amount so recovered shall be assets in the hands of the personal representative to be disposed of according to law.","order_by":null,"text":{"0":{"id":204615,"text":"The verdict may and the judgment of the court shall in all cases specify the amount or the proportion to be received by each of the beneficiaries, if there be any. No verdict shall be set aside for failure to make such specification.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204616,"text":"If either party shall so request the case shall be submitted to the jury with instructions to specify the distribution of the award, if any. If the jury be unable to agree upon or fail to make such distribution, the court shall specify the distribution and enter judgment accordingly. For the purpose of distribution the court may hear additional evidence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204617,"text":"The amount recovered in any such action shall be paid to the personal representative who shall first pay the costs and reasonable attorney’s fees and then distribute the amount specifically allocated to the payment of hospital, medical, and funeral expenses. The remainder of the amount recovered shall thereafter be distributed by the personal representative, as specified in subsections A and B above, to the beneficiaries set forth in § 8.01-53; provided that any distribution made to any such beneficiaries shall be free from all debts and liabilities of the decedent. If there be no such beneficiaries, the amount so recovered shall be assets in the hands of the personal representative to be disposed of according to law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14473,"edition_id":1,"name":"Death by Wrongful Act","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:15","date_modified":"2026-06-26 03:48:15","permalink":{"id":280859,"object_type":"structure","relational_id":14473,"identifier":"5","token":"8.01\/3\/5","url":"\/8.01\/3\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78150,"structure_id":14473,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","url":"\/8.01-50\/","token":"8.01\/3\/5\/8.01-50","metadata":false},{"id":60390,"structure_id":14473,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-50.1\/","token":"8.01\/3\/5\/8.01-50.1","metadata":false},{"id":69675,"structure_id":14473,"section_number":"8.01-51","catch_line":"No action when deceased has compromised claim","url":"\/8.01-51\/","token":"8.01\/3\/5\/8.01-51","metadata":false},{"id":66764,"structure_id":14473,"section_number":"8.01-52","catch_line":"Amount of damages","url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","metadata":false},{"id":77689,"structure_id":14473,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},{"id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},{"id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},{"id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},{"id":75330,"structure_id":14473,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","metadata":false}],"previous_section":{"id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},"next_section":{"id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-54\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 333; in 1973, chapter 401; in 1977, chapter 617.<\/p>","references":[{"id":63421,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","order_by":null,"url":"\/8.01-53\/"}],"refers_to":[{"id":63421,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","order_by":null,"url":"\/8.01-53\/"}],"permalink":{"id":280885,"object_type":"law","relational_id":55857,"identifier":"8.01-54","token":"8.01\/3\/5\/8.01-54","url":"\/8.01-54\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","dublin_core":{"Title":"Judgment to distribute recovery when verdict fails to do so","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-54","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The verdict<\/span> may and the judgment<\/span> of the court<\/span> shall in all cases specify the amount or the proportion to be received by each of the beneficiaries, if there be any. No verdict<\/span> shall be set aside for failure to make such specification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If either party<\/span> shall so request the case shall be submitted to the jury<\/span> with instructions to specify the distribution of the award, if any. If the jury<\/span> be unable to agree upon or fail to make such distribution, the court<\/span> shall specify the distribution and enter judgment<\/span> accordingly. For the purpose of distribution the court<\/span> may hear additional evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The amount recovered in any such action<\/span> shall be paid to the personal representative who shall first pay the costs and reasonable attorney’s fees and then distribute the amount specifically allocated to the payment of hospital, medical, and funeral expenses. The remainder of the amount recovered shall thereafter be distributed by the personal representative, as specified in subsections A and B above, to the beneficiaries set forth in § 8.01-53<\/a>; provided that any distribution made to any such beneficiaries shall be free from all debts and liabilities of the decedent. If there be no such beneficiaries, the amount so recovered shall be assets<\/span> in the hands of the personal representative to be disposed of according to law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJUDGMENT TO DISTRIBUTE RECOVERY WHEN VERDICT FAILS TO DO SO (\u00a7 8.01-54)\n\nA. The verdict may and the judgment of the court shall in all cases specify the\namount or the proportion to be received by each of the beneficiaries, if there\nbe any. No verdict shall be set aside for failure to make such specification.\n\nB. If either party shall so request the case shall be submitted to the jury with\ninstructions to specify the distribution of the award, if any. If the jury be\nunable to agree upon or fail to make such distribution, the court shall specify\nthe distribution and enter judgment accordingly. For the purpose of distribution\nthe court may hear additional evidence.\n\nC. The amount recovered in any such action shall be paid to the personal\nrepresentative who shall first pay the costs and reasonable attorney’s\nfees and then distribute the amount specifically allocated to the payment of\nhospital, medical, and funeral expenses. The remainder of the amount recovered\nshall thereafter be distributed by the personal representative, as specified in\nsubsections A and B above, to the beneficiaries set forth in § 8.01-53;\nprovided that any distribution made to any such beneficiaries shall be free from\nall debts and liabilities of the decedent. If there be no such beneficiaries,\nthe amount so recovered shall be assets in the hands of the personal\nrepresentative to be disposed of according to law.\n\nHISTORY: Code 1950, \u00a7 8-638; 1954, c. 333; 1973, c. 401; 1977, c. 617.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}