{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-36.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-36.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-36.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-36.html"}],"law_id":54115,"edition_id":1,"section_id":54115,"structure_id":12887,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","history":"Code 1950, \u00a7 8-629; 1954, c. 333; 1973, c. 277; 2013, cc. 551, 689; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nWhere there is pending any action by an infant plaintiff against a tort-feasor for a personal injury, where the cause of action accrued prior to July 1, 2013, any parent or guardian of such infant, who is entitled to recover from the same tort-feasor the expenses of curing or attempting to cure such infant from the result of such personal injury, may bring an action against such tort-feasor for such expenses, in the same court where such infant’s case is pending, either in the action filed in behalf of the infant or in a separate action. If the claim for expenses be by separate action, upon motion of any party to either case, made to the court at least one week before the trial, both cases shall be tried together at the same time as parts of the same transaction. But separate verdicts when there is a jury trial shall be rendered, and the judgment shall distinctly separate the decision and judgment in the separate causes of action.\n\t\t\tIn the event of the cases being carried to the Court of Appeals, which may be done if there be the jurisdictional amount in either case, they shall both be carried together as one case and record, but the Court of Appeals shall clearly specify the decision in each case, separating them in the decision to the extent necessary to do justice among the parties. If an appeal is taken from the judgment of the Court of Appeals, the Supreme Court, in matters in which it grants the petition for appeal, shall clearly specify the decision in each case, separating them in the decision to the extent necessary to do justice among the parties.B\n\nFor causes of action that accrue on or after July 1, 2013, the past and future expenses of curing or attempting to cure an infant of personal injuries proximately caused by a tort-feasor are damages recoverable by an infant in a cause of action against the tort-feasor and, if applicable to the infant’s cause of action, are subject to the limitation on damages in § 8.01-581.15. Any parent or guardian of such infant who has paid for or is personally obligated to pay for past or future expenses to cure or attempt to cure the infant shall have a lien and right of reimbursement against any recovery by the infant up to the amount the parent or guardian has actually paid or is personally obligated to pay. The right to reimbursement of any parent or guardian shall accrue upon the first tender of funds of any recovery from a tort-feasor to the infant. Court approval of the infant settlement shall release party defendants from all claims for past or future expenses of curing or attempting to cure the infant.\n\t\t\tNothing in this section shall relieve a parent of the obligation to pay for the medical expenses of curing or attempting to cure the infant as such obligation exists under current law.","order_by":null,"text":{"0":{"id":198602,"text":"Where there is pending any action by an infant plaintiff against a tort-feasor for a personal injury, where the cause of action accrued prior to July 1, 2013, any parent or guardian of such infant, who is entitled to recover from the same tort-feasor the expenses of curing or attempting to cure such infant from the result of such personal injury, may bring an action against such tort-feasor for such expenses, in the same court where such infant’s case is pending, either in the action filed in behalf of the infant or in a separate action. If the claim for expenses be by separate action, upon motion of any party to either case, made to the court at least one week before the trial, both cases shall be tried together at the same time as parts of the same transaction. But separate verdicts when there is a jury trial shall be rendered, and the judgment shall distinctly separate the decision and judgment in the separate causes of action.\n\t\t\tIn the event of the cases being carried to the Court of Appeals, which may be done if there be the jurisdictional amount in either case, they shall both be carried together as one case and record, but the Court of Appeals shall clearly specify the decision in each case, separating them in the decision to the extent necessary to do justice among the parties. If an appeal is taken from the judgment of the Court of Appeals, the Supreme Court, in matters in which it grants the petition for appeal, shall clearly specify the decision in each case, separating them in the decision to the extent necessary to do justice among the parties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198603,"text":"For causes of action that accrue on or after July 1, 2013, the past and future expenses of curing or attempting to cure an infant of personal injuries proximately caused by a tort-feasor are damages recoverable by an infant in a cause of action against the tort-feasor and, if applicable to the infant’s cause of action, are subject to the limitation on damages in § 8.01-581.15. Any parent or guardian of such infant who has paid for or is personally obligated to pay for past or future expenses to cure or attempt to cure the infant shall have a lien and right of reimbursement against any recovery by the infant up to the amount the parent or guardian has actually paid or is personally obligated to pay. The right to reimbursement of any parent or guardian shall accrue upon the first tender of funds of any recovery from a tort-feasor to the infant. Court approval of the infant settlement shall release party defendants from all claims for past or future expenses of curing or attempting to cure the infant.\n\t\t\tNothing in this section shall relieve a parent of the obligation to pay for the medical expenses of curing or attempting to cure the infant as such obligation exists under current law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12887,"edition_id":1,"name":"Injury to Person or Property","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":280695,"object_type":"structure","relational_id":12887,"identifier":"3","token":"8.01\/3\/3","url":"\/8.01\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71526,"structure_id":12887,"section_number":"8.01-34","catch_line":"When contribution among wrongdoers enforced","url":"\/8.01-34\/","token":"8.01\/3\/3\/8.01-34","metadata":false},{"id":56273,"structure_id":12887,"section_number":"8.01-35","catch_line":"Damages for loss of income not diminished by reimbursement","url":"\/8.01-35\/","token":"8.01\/3\/3\/8.01-35","metadata":false},{"id":71789,"structure_id":12887,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","url":"\/8.01-35.1\/","token":"8.01\/3\/3\/8.01-35.1","metadata":false},{"id":54115,"structure_id":12887,"section_number":"8.01-36","catch_line":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","url":"\/8.01-36\/","token":"8.01\/3\/3\/8.01-36","metadata":false},{"id":61407,"structure_id":12887,"section_number":"8.01-37","catch_line":"Recovery of lost wages in action for injuries to emancipated infant","url":"\/8.01-37\/","token":"8.01\/3\/3\/8.01-37","metadata":false},{"id":84122,"structure_id":12887,"section_number":"8.01-37.1","catch_line":"Claims for medical services provided by United States; proof of reasonable value","url":"\/8.01-37.1\/","token":"8.01\/3\/3\/8.01-37.1","metadata":false},{"id":74543,"structure_id":12887,"section_number":"8.01-38","catch_line":"Tort liability of hospitals","url":"\/8.01-38\/","token":"8.01\/3\/3\/8.01-38","metadata":false},{"id":80026,"structure_id":12887,"section_number":"8.01-38.1","catch_line":"Limitation on recovery of punitive damages","url":"\/8.01-38.1\/","token":"8.01\/3\/3\/8.01-38.1","metadata":false},{"id":85786,"structure_id":12887,"section_number":"8.01-39","catch_line":"Completion or acceptance of work not bar to action against independent contractor for personal injury, wrongful death or damage to property","url":"\/8.01-39\/","token":"8.01\/3\/3\/8.01-39","metadata":false},{"id":60815,"structure_id":12887,"section_number":"8.01-40","catch_line":"Unauthorized use of name or picture of any person; punitive damages; statute of limitations","url":"\/8.01-40\/","token":"8.01\/3\/3\/8.01-40","metadata":false},{"id":61512,"structure_id":12887,"section_number":"8.01-40.1","catch_line":"Action for injury resulting from violation of Computer Crimes Act; limitations","url":"\/8.01-40.1\/","token":"8.01\/3\/3\/8.01-40.1","metadata":false},{"id":57683,"structure_id":12887,"section_number":"8.01-40.2","catch_line":"Unsolicited transmission of advertising materials by facsimile machine","url":"\/8.01-40.2\/","token":"8.01\/3\/3\/8.01-40.2","metadata":false},{"id":55073,"structure_id":12887,"section_number":"8.01-40.3","catch_line":"Unauthorized dissemination, etc., of criminal history record information; civil action","url":"\/8.01-40.3\/","token":"8.01\/3\/3\/8.01-40.3","metadata":false},{"id":57913,"structure_id":12887,"section_number":"8.01-40.4","catch_line":"Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another","url":"\/8.01-40.4\/","token":"8.01\/3\/3\/8.01-40.4","metadata":false},{"id":62242,"structure_id":12887,"section_number":"8.01-40.5","catch_line":"Publishing or distributing material harmful to minors on the Internet","url":"\/8.01-40.5\/","token":"8.01\/3\/3\/8.01-40.5","metadata":false},{"id":75613,"structure_id":12887,"section_number":"8.01-41","catch_line":"Wrongful distraint, attachment","url":"\/8.01-41\/","token":"8.01\/3\/3\/8.01-41","metadata":false},{"id":54575,"structure_id":12887,"section_number":"8.01-42","catch_line":"Loss or injury to clothing in dyeing, dry cleaning, or laundering","url":"\/8.01-42\/","token":"8.01\/3\/3\/8.01-42","metadata":false},{"id":54010,"structure_id":12887,"section_number":"8.01-42.1","catch_line":"Civil action for racial, religious, or ethnic harassment, violence or vandalism","url":"\/8.01-42.1\/","token":"8.01\/3\/3\/8.01-42.1","metadata":false},{"id":71047,"structure_id":12887,"section_number":"8.01-42.2","catch_line":"Liability of guest for hotel damage","url":"\/8.01-42.2\/","token":"8.01\/3\/3\/8.01-42.2","metadata":false},{"id":70599,"structure_id":12887,"section_number":"8.01-42.3","catch_line":"Civil action for stalking","url":"\/8.01-42.3\/","token":"8.01\/3\/3\/8.01-42.3","metadata":false},{"id":80887,"structure_id":12887,"section_number":"8.01-42.4","catch_line":"Civil action for trafficking in persons","url":"\/8.01-42.4\/","token":"8.01\/3\/3\/8.01-42.4","metadata":false},{"id":63928,"structure_id":12887,"section_number":"8.01-42.5","catch_line":"Civil action for female genital mutilation","url":"\/8.01-42.5\/","token":"8.01\/3\/3\/8.01-42.5","metadata":false},{"id":73227,"structure_id":12887,"section_number":"8.01-42.6","catch_line":"Liability of employer for personal injury or death by wrongful act","url":"\/8.01-42.6\/","token":"8.01\/3\/3\/8.01-42.6","metadata":false},{"id":83062,"structure_id":12887,"section_number":"8.01-43","catch_line":"Action against parent for damage to public property by minor","url":"\/8.01-43\/","token":"8.01\/3\/3\/8.01-43","metadata":false},{"id":59911,"structure_id":12887,"section_number":"8.01-44","catch_line":"Action against parent for damage to private property by minor","url":"\/8.01-44\/","token":"8.01\/3\/3\/8.01-44","metadata":false},{"id":73464,"structure_id":12887,"section_number":"8.01-44.1","catch_line":"Immunity from civil liability of members of certain committees, etc","url":"\/8.01-44.1\/","token":"8.01\/3\/3\/8.01-44.1","metadata":false},{"id":72343,"structure_id":12887,"section_number":"8.01-44.2","catch_line":"Action against physician for vaccine-related injury or death","url":"\/8.01-44.2\/","token":"8.01\/3\/3\/8.01-44.2","metadata":false},{"id":78701,"structure_id":12887,"section_number":"8.01-44.3","catch_line":"Divulgence of communications by qualified interpreters and communications assistants","url":"\/8.01-44.3\/","token":"8.01\/3\/3\/8.01-44.3","metadata":false},{"id":83884,"structure_id":12887,"section_number":"8.01-44.4","catch_line":"Action for shoplifting and employee theft","url":"\/8.01-44.4\/","token":"8.01\/3\/3\/8.01-44.4","metadata":false},{"id":81010,"structure_id":12887,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","url":"\/8.01-44.5\/","token":"8.01\/3\/3\/8.01-44.5","metadata":false},{"id":56974,"structure_id":12887,"section_number":"8.01-44.6","catch_line":"Action for injury to cemetery property","url":"\/8.01-44.6\/","token":"8.01\/3\/3\/8.01-44.6","metadata":false},{"id":81782,"structure_id":12887,"section_number":"8.01-44.7","catch_line":"Action for tampering with metering device and diverting service","url":"\/8.01-44.7\/","token":"8.01\/3\/3\/8.01-44.7","metadata":false}],"previous_section":{"id":71789,"structure_id":12887,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","url":"\/8.01-35.1\/","token":"8.01\/3\/3\/8.01-35.1","metadata":false},"next_section":{"id":61407,"structure_id":12887,"section_number":"8.01-37","catch_line":"Recovery of lost wages in action for injuries to emancipated infant","url":"\/8.01-37\/","token":"8.01\/3\/3\/8.01-37","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-36\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 333; in 1973, chapter 277; in 2013, chapters 551<\/a> and 689<\/a>.<\/p>","references":[{"id":61676,"section_number":"8.01-243","catch_line":"Personal action for injury to person or property generally; extension in actions for malpractice against health care provider","order_by":null,"url":"\/8.01-243\/"}],"refers_to":[{"id":66555,"section_number":"8.01-581.15","catch_line":"Limitation on recovery in certain medical malpractice actions","order_by":null,"url":"\/8.01-581.15\/"}],"permalink":{"id":280709,"object_type":"law","relational_id":54115,"identifier":"8.01-36","token":"8.01\/3\/3\/8.01-36","url":"\/8.01-36\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-36\/","token":"8.01\/3\/3\/8.01-36","dublin_core":{"Title":"Joinder of action of tort to infant with action for recovery of expenses incurred thereby and claim for recovery of expenses by infant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-36","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Where there is pending any action by an infant plaintiff<\/span> against a tort<\/span>-feasor for a personal injury, where the cause of action<\/span> accrued prior to July 1, 2013, any parent or guardian of such infant, who is entitled to recover from the same tort<\/span>-feasor the expenses of curing or attempting to cure such infant from the result of such personal injury, may bring an action against such tort<\/span>-feasor for such expenses, in the same court<\/span> where such infant’s case is pending, either in the action filed in behalf of the infant or in a separate action. If the claim for expenses be by separate action, upon motion<\/span> of any party<\/span> to either case, made to the court<\/span> at least one week before the trial, both cases shall be tried together at the same time as parts of the same transaction. But separate verdicts<\/span> when there is a jury trial<\/span> shall be rendered, and the judgment<\/span> shall distinctly separate the decision and judgment<\/span> in the separate causes of action.\n\t\t\tIn the event of the cases being carried to the Court<\/span> of Appeals<\/span>, which may be done if there be the jurisdictional amount in either case, they shall both be carried together as one case and record, but the Court<\/span> of Appeals<\/span> shall clearly specify the decision in each case, separating them in the decision to the extent necessary to do justice among the parties. If an appeal<\/span> is taken from the judgment<\/span> of the Court<\/span> of Appeals<\/span>, the Supreme Court<\/span>, in matters in which it grants the petition<\/span> for appeal<\/span>, shall clearly specify the decision in each case, separating them in the decision to the extent necessary to do justice among the parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For causes of action that accrue on or after July 1, 2013, the past and future expenses of curing or attempting to cure an infant of personal injuries proximately caused by a tort<\/span>-feasor are damages<\/span> recoverable by an infant in a cause of action<\/span> against the tort<\/span>-feasor and, if applicable to the infant’s cause of action<\/span>, are subject to the limitation on damages<\/span> in § 8.01-581.15<\/a>. Any parent or guardian of such infant who has paid for or is personally obligated to pay for past or future expenses to cure or attempt to cure the infant shall have a lien<\/span> and right of reimbursement against any recovery by the infant up to the amount the parent or guardian has actually paid or is personally obligated to pay. The right to reimbursement of any parent or guardian shall accrue upon the first tender of funds of any recovery from a tort<\/span>-feasor to the infant. Court<\/span> approval of the infant settlement<\/span> shall release party<\/span> defendants<\/span> from all claims for past or future expenses of curing or attempting to cure the infant.\n\t\t\tNothing in this section shall relieve a parent of the obligation to pay for the medical expenses of curing or attempting to cure the infant as such obligation exists under current law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nJOINDER OF ACTION OF TORT TO INFANT WITH ACTION FOR RECOVERY OF EXPENSES\nINCURRED THEREBY AND CLAIM FOR RECOVERY OF EXPENSES BY INFANT (\u00a7 8.01-36)\n\nA. Where there is pending any action by an infant plaintiff against a\ntort-feasor for a personal injury, where the cause of action accrued prior to\nJuly 1, 2013, any parent or guardian of such infant, who is entitled to recover\nfrom the same tort-feasor the expenses of curing or attempting to cure such\ninfant from the result of such personal injury, may bring an action against such\ntort-feasor for such expenses, in the same court where such infant’s case\nis pending, either in the action filed in behalf of the infant or in a separate\naction. If the claim for expenses be by separate action, upon motion of any\nparty to either case, made to the court at least one week before the trial, both\ncases shall be tried together at the same time as parts of the same transaction.\nBut separate verdicts when there is a jury trial shall be rendered, and the\njudgment shall distinctly separate the decision and judgment in the separate\ncauses of action.\n\t\t\tIn the event of the cases being carried to the Court of Appeals, which may be\ndone if there be the jurisdictional amount in either case, they shall both be\ncarried together as one case and record, but the Court of Appeals shall clearly\nspecify the decision in each case, separating them in the decision to the extent\nnecessary to do justice among the parties. If an appeal is taken from the\njudgment of the Court of Appeals, the Supreme Court, in matters in which it\ngrants the petition for appeal, shall clearly specify the decision in each case,\nseparating them in the decision to the extent necessary to do justice among the\nparties.\n\nB. For causes of action that accrue on or after July 1, 2013, the past and\nfuture expenses of curing or attempting to cure an infant of personal injuries\nproximately caused by a tort-feasor are damages recoverable by an infant in a\ncause of action against the tort-feasor and, if applicable to the infant’s\ncause of action, are subject to the limitation on damages in § 8.01-581.15.\nAny parent or guardian of such infant who has paid for or is personally\nobligated to pay for past or future expenses to cure or attempt to cure the\ninfant shall have a lien and right of reimbursement against any recovery by the\ninfant up to the amount the parent or guardian has actually paid or is\npersonally obligated to pay. The right to reimbursement of any parent or\nguardian shall accrue upon the first tender of funds of any recovery from a\ntort-feasor to the infant. Court approval of the infant settlement shall release\nparty defendants from all claims for past or future expenses of curing or\nattempting to cure the infant.\n\t\t\tNothing in this section shall relieve a parent of the obligation to pay for\nthe medical expenses of curing or attempting to cure the infant as such\nobligation exists under current law.\n\nHISTORY: Code 1950, \u00a7 8-629; 1954, c. 333; 1973, c. 277; 2013, cc. 551, 689;\n2021, Sp. Sess. I, c. 489.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}