                                 CODE OF VIRGINIA

JUDGMENT TO DISTRIBUTE RECOVERY WHEN VERDICT FAILS TO DO SO (§ 8.01-54)

A. 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.

B. 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.

C. The amount recovered in any such action shall be paid to the personal
representative who shall first pay the costs and reasonable attorney&#8217;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 &#xA7; 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.

HISTORY: Code 1950, § 8-638; 1954, c. 333; 1973, c. 401; 1977, c. 617.