8.01-53 - Class and beneficiaries; when determined. - Virginia Statutes

§ 8.01-53. Class and beneficiaries; when determined.

A. The damages awarded pursuant to § 8.01-52 shall be distributed asspecified under § 8.01-54 to (i) the surviving spouse, children of thedeceased and children of any deceased child of the deceased or (ii) if therebe none such, then to the parents, brothers and sisters of the deceased, andto any other relative who is primarily dependent on the decedent for supportor 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 survivingspouse and such parent or parents or (iv) if there are survivors under clause(i) or clause (iii), the award shall be distributed to those beneficiariesand to any other relative who is primarily dependent on the decedent forsupport or services and is also a member of the same household as thedecedent 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 §64.1-1. Provided, however, no parent whose parental rights andresponsibilities have been terminated by a court of competent jurisdiction orpursuant to a permanent entrustment agreement with a child welfare agencyshall be eligible as a beneficiary under this section. For purposes of thissection, 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 distributionshall be fixed (i) at the time the verdict is entered if the jury makes thespecification, or (ii) at the time the judgment is rendered if the courtspecifies 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 thebeneficiaries in the same class as the renouncing beneficiary or, if thereare none, to the beneficiaries in any subsequent class in the order ofpriority set forth in subsection A.

(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.)