Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 5. Death by Wrongful Act
Virginia Code

Va. Code Ann. § 8.01-54 (2026)

Judgment to distribute recovery when verdict fails to do so

✓ current as of May 2026
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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'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.

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

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1980–2025 · leading case: In re: Woodley, 777 S.E.2d 560 (Va. 2015).
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In re: Woodley, 777 S.E.2d 560 (Va. 2015). · cites it 10× “" Code § 8.01-54(C). From the gross award, the personal representative must "pay the costs and reasonable attorney's fees," as well as "hospital, medical, and funeral expenses.”
Dammarell v. Islamic Repub. of Iran, 404 F. Supp. 2d 261 (D.D.C. 2005). · cites it 4× “” Va.Code § 8.01-54(A). Virginia law also allows a decedent’s estate to maintain any cause of action that the decedent would have been able to assert during his or her life (e.”
REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015). · cites it 4× “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 § 8.01-54 (if jury unable to agree then the court shall specify distribution); Code § 8.”
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980). · cites it 6× “Va.Code § 8.01-54(A), (C) (Repl.1977). Carroll v.”
Johnson v. Smith, 403 S.E.2d 685 (Va. 1991). · cites it 2× “Rather, we think that damages for these elements should be awarded in a lump sum and distributed to the beneficiaries according to Code § 8.01-54. For the error in refusing to set the verdict aside, we will reverse the judgment of the trial court, vacate the verdict, and remand…”
Beckner v. Twin City Fire Ins., 58 Va. Cir. 544 (2002). · cites it 5× “Twin City and Hartford argue that any amount collected would not be part of the estate of the decedents.”
Knodel v. Dickerman, 431 S.E.2d 323 (Va. 1993). · cites it 2× “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 or (ii) if there be none such, then to the parents, brothers and sisters of the deceased .”
Keene v. Yates, 81 F. Supp. 2d 655 (W.D. Va. 2000). · cites it 2× “01-52 provides that the verdict or judgment “shall” include certain damages, including solace, loss of income provided by the decedent, medical expenses, funeral expenses, and punitive damages, a companion statute, Va.Code Ann. § 8.01-54 (Michie 1992), provides that any…”
Lovelace v. Lovelace, 375 S.E.2d 750 (Va. 1989). · cites it 4× “” Code § 8.01-54 applies to recoveries in actions brought pursuant to Code § 8.”
Adams v. Naphcare, Inc., 362 F. Supp. 3d 346 (E.D. Va. 2019). · cites it 6× “Virginia Code § 8.01-54(C) specifies: The amount recovered in [a wrongful-death] 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,…”
In re: Woodley (Va. 2015). · cites it 10× “” Code § 8.01-54(C). From the gross award, the personal representative must “pay the costs and reasonable attorney’s fees,” as well as “hospital, medical, and funeral expenses.”
Refo v. Werber, 1 Va. Cir. 288 (Richmond County Cir. Ct. 1982). · cites it 6× “01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children, and grandchildren of the deceased, or (ii) if there be none such, then to the parents, brothers, and sisters of the deceased, or (iii) if the decedent has left both surviving spouse…”
Show all 16 citing cases →
— Va. Code Ann. § 8.01-54(A) — 3 cases
Dammarell v. Islamic Repub. of Iran, 404 F. Supp. 2d 261 (D.D.C. 2005). “” Va.Code § 8.01-54(A). Virginia law also allows a decedent’s estate to maintain any cause of action that the decedent would have been able to assert during his or her life (e.”
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980). “Va.Code § 8.01-54(A), (C) (Repl.1977). Carroll v.”
Beckner v. Twin City Fire Ins., 58 Va. Cir. 544 (2002). “Twin City and Hartford argue that any amount collected would not be part of the estate of the decedents.”
— Va. Code Ann. § 8.01-54(B) — 1 case
Brooks v. Hannan, 53 Va. Cir. 465 (Charlottesville Cir. Ct. 2000).
— Va. Code Ann. § 8.01-54(C) — 5 cases
In re: Woodley, 777 S.E.2d 560 (Va. 2015). “" Code § 8.01-54(C). From the gross award, the personal representative must "pay the costs and reasonable attorney's fees," as well as "hospital, medical, and funeral expenses.”
Hewitt v. Firestone Tire & Rubber Co., 490 F. Supp. 1358 (E.D. Va. 1980). “Va.Code § 8.01-54(A), (C) (Repl.1977). Carroll v.”
Adams v. Naphcare, Inc., 362 F. Supp. 3d 346 (E.D. Va. 2019). “Virginia Code § 8.01-54(C) specifies: The amount recovered in [a wrongful-death] 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,…”
In re: Woodley (Va. 2015). “” Code § 8.01-54(C). From the gross award, the personal representative must “pay the costs and reasonable attorney’s fees,” as well as “hospital, medical, and funeral expenses.”
J.K., by His Parents/Next Friends, Monte & Ginger Kuligowski v. Trustgard Ins. Co. (Va. Ct. App. 2025).
— Va. Code Ann. § 8.01-54(c) — 2 cases
Lovelace v. Lovelace, 375 S.E.2d 750 (Va. 1989). “” Code § 8.01-54 applies to recoveries in actions brought pursuant to Code § 8.”
Refo v. Werber, 1 Va. Cir. 288 (Richmond County Cir. Ct. 1982). “01-52 shall be distributed as specified under § 8.01-54 to (i) the surviving spouse, children, and grandchildren of the deceased, or (ii) if there be none such, then to the parents, brothers, and sisters of the deceased, or (iii) if the decedent has left both surviving spouse…”
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