The net amount recovered in any such action, after the allowance by the judge of costs and reasonable attorneys fees to the attorneys for the plaintiffs, in accordance with the services performed by each if there be more than one, shall be apportioned by the judge upon a hearing, with reasonable notice to all of the known heirs having an interest therein, such notice to be given in such manner as the judge shall direct. The apportionment shall be in proportion to the loss sustained by each of the heirs, and all heirs known to have sustained a loss shall share in such apportionment regardless of whether they joined or intervened in the action; but in the absence of fraud, no person who failed to join or intervene in the action may claim any error in such apportionment after the order shall have been entered and the funds distributed pursuant thereto.
K.S.A. 60-1905
Apportionment of recovery
Applied in 1 court decision — leading case 385 F. Supp. 2d 1103 - Newton v. Amhof Trucking, Inc. (2004)
Most recently applied in 385 F. Supp. 2d 1103 - Newton v. Amhof Trucking, Inc. (May 2004)
L. 1963, ch. 303, 60-1905; January 1, 1964.
Official source: Kansas Office of Revisor of Statutes. Reproduced from public-domain Kansas statutes; confirm against the official source for the current text. Not legal advice.