60-1905. Apportionment of recovery.

60-1905

Chapter 60.--PROCEDURE, CIVIL
Article 19.--WRONGFUL DEATH ACTIONS

      60-1905.   Apportionment of recovery.The net amount recovered in any such action, after the allowance by thejudge of costs and reasonable attorneys fees to the attorneys for theplaintiffs, in accordance with the services performed by each if there bemore than one, shall be apportioned by the judge upon a hearing, withreasonable notice to all of the known heirs having an interest therein,such notice to be given in such manner as the judge shall direct. Theapportionment shall be in proportion to the loss sustained by each of theheirs, and all heirs known to have sustained a loss shall share in suchapportionment regardless of whether they joined or intervened in theaction; but in the absence of fraud, no person who failed to join orintervene in the action may claim any error in such apportionment after theorder shall have been entered and the funds distributed pursuant thereto.

      History:   L. 1963, ch. 303, 60-1905; Jan. 1, 1964.