Class and beneficiaries; when determined (§ 8.01-53)—Virginia Decoded

Class and beneficiaries; when determined

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 or (ii) if there be none such, 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. Provided, 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.

History

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.

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Court Decisions

Knodel v. Dickerman (SCV, 06/11/93)
. . . Revisers' Note to Code § 8.01-53, which states: . . .

Cassady v. Martin (SCV, 04/18/80)
. . . statutory beneficiary of the first class under Code § 8.01-53. . . .

In Re Tignor (United States Bankruptcy Court, E.D. Virginia, 06/24/82)
. . . of that cause of action. See, Va. Code Ann. § 8.01-53 (1981, Cum.Supp.). The Virginia wrongful . . .

ACB Trucking, Inc. v. Griffin (COA, 02/16/88)
. . . Demerio were eligible beneficiaries. See Code § 8.01-53(A)(i). However, Malcolm could not recover . . .

Smith v. Givens (SCV, 04/30/82)
. . . first class of beneficiaries defined in Code | 8.01-53. . . .

Mann v. Hinton (SCV, 04/21/95)
. . . erred in ruling that the 1992 version of Code § 8.01-53 controlled the determination of which . . .

Horn v. Abernathy (SCV, 04/25/86)
. . . beneficiaries of the cause of action named in Code § 8.01-53. . . .

Kone v. Wilson (SCV, 06/08/06)
. . . decedent's beneficiaries identified in Code § 8.01-53. Thus, the personal representative merely . . .

Alderman v. Chrysler Corp. (District Court, E.D. Virginia, 11/02/79)
. . . #39;s Death by Wrongful Act statute. Va.Code § 8.01-53 A(ii) (Repl. Vol. 1977).[6] Accordingly, . . .

Johnson v. Raviotta (SCV, 06/07/02)
. . . is her sole statutory beneficiary under Code § 8.01-53. . . .

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