A. The damages awarded pursuant to § 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children of the deceased and children of any deceased child of the deceased, and, only if there is a surviving spouse, children of the deceased, or children of any deceased child of the deceased, the parents of the decedent if any of such parents, within 12 months prior to the decedent's death, regularly received support or regularly received services from the decedent for necessaries, including living expenses, food, shelter, health care expenses, or in-home assistance or care, or (ii) if there is no surviving spouse, children of the deceased, or children of any deceased child of the deceased, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (iii) if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents or (iv) if there are survivors under clause (i) or clause (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in § 64.2-200. However, no parent whose parental rights and responsibilities have been terminated by a court of competent jurisdiction or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible as a beneficiary under this section. For purposes of this section, a relative is any person related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent.
B. The class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict is entered if the jury makes the specification or (ii) at the time the judgment is rendered if the court specifies the distribution.
C. A beneficiary may renounce his interest in any claim brought pursuant to § 8.01-50 and, in such event, the damages shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order of priority set forth in subsection A.
D. For the purposes of this section, children of the deceased shall include any child of the decedent who is adopted after the death of the decedent, provided that the parental rights of the decedent were not terminated by a court of competent jurisdiction prior to his death. The provisions of this subsection shall apply to any adoption finalized on or after July 1, 2024.
Code 1950, §§ 8-636.1, 8-638; 1954, c. 333; 1973, c. 401; 1974, c. 444; 1977, cc. 460, 617; 1979, c. 356; 1992, c. 74; 1994, c. 515; 2003, c. 632; 2019, cc. 47, 328; 2021, Sp. Sess. I, c. 488; 2024, cc. 69, 70.
Notes of Decisions
Cited in
48
cases (
9 in the last 5 years), 1979–2026 · leading case:
Knodel v. Dickerman, 431 S.E.2d 323 (Va. 1993).
Knodel v. Dickerman, 431 S.E.2d 323 (Va. 1993).
· cites it 66× “In this appeal of a judgment approving a jury's verdict in a wrongful death action, we consider whether a child, adopted after the death of the decedent, but before the jury's verdict was entered, may recover damages as a statutory beneficiary under Code § 8.01-53. The relevant…”
Dammarell v. Islamic Repub. of Iran, 404 F. Supp. 2d 261 (D.D.C. 2005).
· cites it 4× “The eligibility of beneficiaries is determined by reference to the wrongful-death statute’s system of preferred classes, see Va.Code § 8.01-53(A), which operates in much the same way as the order of distribution in an intestacy statute.”
REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015).
· cites it 4× “01-52 (“[t]he jury or the court, as the case may be” may award damages); Code § 8.01-53 (class and beneficiaries shall be fixed at the time of verdict “if the jury makes the specification” or at the time judgment is rendered if the “court specifies the distribution”); Code § 8.”
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980).
· cites it 9× “The parties also sought a judicial determination of the rightful beneficiaries and how the settlement funds should be distributed.”
Johnson v. Raviotta, 563 S.E.2d 727 (Va. 2002).
· cites it 2× “Bell’s surviving son is her sole statutory beneficiary under Code § 8.01-53. 2 Johnson asserts that Dr.”
Brake v. Payne, 597 S.E.2d 59 (Va. 2004).
· cites it 4× “The defendants assert that, although Sias was not qualified as the personal representative of Calzada's estate when she filed the First Action and thus lacked standing to bring that action, she was nevertheless the real party in interest in both the First Action and the Second…”
ACB Trucking, Inc. v. Griffin, 365 S.E.2d 334 (Va. Ct. App. 1988).
· cites it 4× “See Code § 8.01-53. All eligible beneficiaries except Demerio received awards substantially in excess of the amount they would have been entitled to receive under the Workers’ Compensation Act.”
McGuire v. Hodges, 639 S.E.2d 284 (Va. 2007).
· cites it 2× “Stuart renounced any claim arising out of his son's death pursuant to Code § 8.01-53(C). The trial court took judicial notice of Section 616.”
Kone v. Wilson, 630 S.E.2d 744 (Va. 2006).
· cites it 2× “The cause of action, however, does not belong to the personal representative but to the decedent's beneficiaries identified in Code § 8.01-53. Thus, the personal representative merely acts as a surrogate for the decedent's beneficiaries.”
Johnston Mem'l Hosp. v. Bazemore, 672 S.E.2d 858 (Va. 2009).
· cites it 2× “A wrongful death action is not an action "personal to the personal representative"; rather, the personal representative, as plaintiff, "is merely a surrogate for the beneficiaries of the cause of action named in Code § 8.01-53." Id.; accord Kone v. Wilson, 272 Va.”
— Va. Code Ann. § 8.01-53(A) — 7 cases
Dammarell v. Islamic Repub. of Iran, 404 F. Supp. 2d 261 (D.D.C. 2005).
“The eligibility of beneficiaries is determined by reference to the wrongful-death statute’s system of preferred classes, see Va.Code § 8.01-53(A), which operates in much the same way as the order of distribution in an intestacy statute.”
Knodel v. Dickerman, 431 S.E.2d 323 (Va. 1993).
“In this appeal of a judgment approving a jury's verdict in a wrongful death action, we consider whether a child, adopted after the death of the decedent, but before the jury's verdict was entered, may recover damages as a statutory beneficiary under Code § 8.01-53. The relevant…”
— Va. Code Ann. § 8.01-53(A)(i) — 2 cases
ACB Trucking, Inc. v. Griffin, 365 S.E.2d 334 (Va. Ct. App. 1988).
“See Code § 8.01-53. All eligible beneficiaries except Demerio received awards substantially in excess of the amount they would have been entitled to receive under the Workers’ Compensation Act.”
— Va. Code Ann. § 8.01-53(A)(ii) — 1 case
— Va. Code Ann. § 8.01-53(B) — 4 cases
Knodel v. Dickerman, 431 S.E.2d 323 (Va. 1993).
“In this appeal of a judgment approving a jury's verdict in a wrongful death action, we consider whether a child, adopted after the death of the decedent, but before the jury's verdict was entered, may recover damages as a statutory beneficiary under Code § 8.01-53. The relevant…”
— Va. Code Ann. § 8.01-53(C) — 1 case
McGuire v. Hodges, 639 S.E.2d 284 (Va. 2007).
“Stuart renounced any claim arising out of his son's death pursuant to Code § 8.01-53(C). The trial court took judicial notice of Section 616.”
— Va. Code Ann. § 8.01-53(i) — 1 case
— Va. Code Ann. § 8.01-53(ii) — 1 case
Knodel v. Dickerman, 431 S.E.2d 323 (Va. 1993).
“In this appeal of a judgment approving a jury's verdict in a wrongful death action, we consider whether a child, adopted after the death of the decedent, but before the jury's verdict was entered, may recover damages as a statutory beneficiary under Code § 8.01-53. The relevant…”
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