{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-55.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-55.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-55.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-55.html"}],"law_id":58794,"edition_id":1,"section_id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","history":"Code 1950, \u00a7 8-639; 1960, cc. 35, 587; 1977, c. 617; 1981, c. 286; 1991, c. 97; 1995, c. 366.","full_text":"The personal representative of the deceased may compromise any claim to damages arising under or by virtue of \u00a7 8.01-50, including claims under the provision of a liability insurance policy, before or after an action is brought, with the approval of the court in which the action was brought, or if an action has not been brought, with the consent of any circuit court. Such approval may be applied for on petition to such court, by the personal representative, or by any potential defendant, or by any interested insurance carrier. If a potential defendant or any insurance carrier petitions the court for approval, the personal representative shall be made a party to the proceeding. The petition shall state the compromise, its terms and the reason therefor. The court shall require the convening of the parties in interest in person or by their authorized representative, but it shall not be necessary to convene grandchildren whose living parents are made parties to the proceeding. The parties in interest shall be deemed to be convened if each such party (i) endorses the order by which the court approves the compromise or (ii) is given notice of the hearing and proposed compromise as provided in \u00a7 8.01-296 if a resident of the Commonwealth or as provided in \u00a7 8.01-320 if a nonresident, or is otherwise given reasonable notice of the hearing and proposed compromise as may be required by the court.\n\t\tIf the court approves the compromise, and the parties in interest do not agree upon the distribution to be made of what has been or may be received by the personal representative under such compromise, or if any of them are incapable of making a valid agreement, the court shall direct such distribution as a jury might direct under \u00a7 8.01-52 as to damages awarded by them. In other respects, what is received by the personal representative under the compromise shall be treated as if recovered by him in an action under \u00a7 8.01-52.","order_by":null,"text":{"0":{"id":215423,"text":"The personal representative of the deceased may compromise any claim to damages arising under or by virtue of \u00a7 8.01-50, including claims under the provision of a liability insurance policy, before or after an action is brought, with the approval of the court in which the action was brought, or if an action has not been brought, with the consent of any circuit court. Such approval may be applied for on petition to such court, by the personal representative, or by any potential defendant, or by any interested insurance carrier. If a potential defendant or any insurance carrier petitions the court for approval, the personal representative shall be made a party to the proceeding. The petition shall state the compromise, its terms and the reason therefor. The court shall require the convening of the parties in interest in person or by their authorized representative, but it shall not be necessary to convene grandchildren whose living parents are made parties to the proceeding. The parties in interest shall be deemed to be convened if each such party (i) endorses the order by which the court approves the compromise or (ii) is given notice of the hearing and proposed compromise as provided in \u00a7 8.01-296 if a resident of the Commonwealth or as provided in \u00a7 8.01-320 if a nonresident, or is otherwise given reasonable notice of the hearing and proposed compromise as may be required by the court.\n\t\tIf the court approves the compromise, and the parties in interest do not agree upon the distribution to be made of what has been or may be received by the personal representative under such compromise, or if any of them are incapable of making a valid agreement, the court shall direct such distribution as a jury might direct under \u00a7 8.01-52 as to damages awarded by them. In other respects, what is received by the personal representative under the compromise shall be treated as if recovered by him in an action under \u00a7 8.01-52.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14473,"edition_id":1,"name":"Death by Wrongful Act","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:15","date_modified":"2026-06-26 03:48:15","permalink":{"id":280859,"object_type":"structure","relational_id":14473,"identifier":"5","token":"8.01\/3\/5","url":"\/8.01\/3\/5\/","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":78150,"structure_id":14473,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","url":"\/8.01-50\/","token":"8.01\/3\/5\/8.01-50","metadata":false},{"id":60390,"structure_id":14473,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-50.1\/","token":"8.01\/3\/5\/8.01-50.1","metadata":false},{"id":69675,"structure_id":14473,"section_number":"8.01-51","catch_line":"No action when deceased has compromised claim","url":"\/8.01-51\/","token":"8.01\/3\/5\/8.01-51","metadata":false},{"id":66764,"structure_id":14473,"section_number":"8.01-52","catch_line":"Amount of damages","url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","metadata":false},{"id":77689,"structure_id":14473,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},{"id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},{"id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},{"id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},{"id":75330,"structure_id":14473,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","metadata":false}],"previous_section":{"id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},"next_section":{"id":75330,"structure_id":14473,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-55\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1960, chapters 35 and 587; in 1977, chapter 617; in 1981, chapter 286; in 1991, chapter 97; in 1995, chapter 366<\/a>.<\/p>","references":[{"id":76965,"section_number":"38.2-2206","catch_line":"Uninsured motorist insurance coverage","order_by":null,"url":"\/38.2-2206\/"},{"id":71789,"section_number":"8.01-35.1","catch_line":"Effect of release or covenant not to sue in respect to liability and contribution","order_by":null,"url":"\/8.01-35.1\/"},{"id":78976,"section_number":"8.01-424","catch_line":"Approval of compromises on behalf of persons under a disability in suits or actions to which they are parties","order_by":null,"url":"\/8.01-424\/"},{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"}],"refers_to":[{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"},{"id":76043,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","order_by":null,"url":"\/8.01-320\/"},{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"},{"id":66764,"section_number":"8.01-52","catch_line":"Amount of damages","order_by":null,"url":"\/8.01-52\/"}],"permalink":{"id":280889,"object_type":"law","relational_id":58794,"identifier":"8.01-55","token":"8.01\/3\/5\/8.01-55","url":"\/8.01-55\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","dublin_core":{"Title":"Compromise of claim for death by wrongful act","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-55","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The personal representative of the deceased may compromise any claim to damages<\/span> arising under or by virtue of \u00a7 8.01-50<\/a>, including claims under the provision of a liability insurance policy, before or after an action<\/span> is brought, with the approval of the court<\/span> in which the action<\/span> was brought, or if an action<\/span> has not been brought, with the consent of any circuit<\/span> court<\/span>. Such approval may be applied for on petition<\/span> to such court<\/span>, by the personal representative, or by any potential defendant<\/span>, or by any interested insurance carrier. If a potential defendant<\/span> or any insurance carrier petitions<\/span> the court<\/span> for approval, the personal representative shall be made a party<\/span> to the proceeding. The petition<\/span> shall state the compromise, its terms and the reason therefor. The court<\/span> shall require the convening of the parties in interest in person<\/span> or by their authorized representative, but it shall not be necessary to convene grandchildren whose living parents are made parties to the proceeding. The parties in interest shall be deemed to be convened if each such party<\/span> (i) endorses the order<\/span> by which the court<\/span> approves the compromise or (ii) is given notice of the hearing<\/span> and proposed compromise as provided in \u00a7 8.01-296<\/a> if a resident of the Commonwealth or as provided in \u00a7 8.01-320<\/a> if a nonresident, or is otherwise given reasonable notice of the hearing<\/span> and proposed compromise as may be required by the court<\/span>.\n\t\tIf the court<\/span> approves the compromise, and the parties in interest do not agree upon the distribution to be made of what has been or may be received by the personal representative under such compromise, or if any of them are incapable of making a valid agreement, the court<\/span> shall direct such distribution as a jury<\/span> might direct under \u00a7 8.01-52<\/a> as to damages<\/span> awarded by them. In other respects, what is received by the personal representative under the compromise shall be treated as if recovered by him in an action<\/span> under \u00a7 8.01-52<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPROMISE OF CLAIM FOR DEATH BY WRONGFUL ACT (\u00a7 8.01-55)\n\nThe personal representative of the deceased may compromise any claim to damages\narising under or by virtue of \u00a7 8.01-50, including claims under the provision\nof a liability insurance policy, before or after an action is brought, with the\napproval of the court in which the action was brought, or if an action has not\nbeen brought, with the consent of any circuit court. Such approval may be\napplied for on petition to such court, by the personal representative, or by any\npotential defendant, or by any interested insurance carrier. If a potential\ndefendant or any insurance carrier petitions the court for approval, the\npersonal representative shall be made a party to the proceeding. The petition\nshall state the compromise, its terms and the reason therefor. The court shall\nrequire the convening of the parties in interest in person or by their\nauthorized representative, but it shall not be necessary to convene\ngrandchildren whose living parents are made parties to the proceeding. The\nparties in interest shall be deemed to be convened if each such party (i)\nendorses the order by which the court approves the compromise or (ii) is given\nnotice of the hearing and proposed compromise as provided in \u00a7 8.01-296 if a\nresident of the Commonwealth or as provided in \u00a7 8.01-320 if a nonresident, or\nis otherwise given reasonable notice of the hearing and proposed compromise as\nmay be required by the court.\n\t\tIf the court approves the compromise, and the parties in interest do not agree\nupon the distribution to be made of what has been or may be received by the\npersonal representative under such compromise, or if any of them are incapable\nof making a valid agreement, the court shall direct such distribution as a jury\nmight direct under \u00a7 8.01-52 as to damages awarded by them. In other respects,\nwhat is received by the personal representative under the compromise shall be\ntreated as if recovered by him in an action under \u00a7 8.01-52.\n\nHISTORY: Code 1950, \u00a7 8-639; 1960, cc. 35, 587; 1977, c. 617; 1981, c. 286;\n1991, c. 97; 1995, c. 366.","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}}