                                 CODE OF VIRGINIA

COMPROMISE OF CLAIM FOR DEATH BY WRONGFUL ACT (§ 8.01-55)

The personal representative of the deceased may compromise any claim to damages
arising under or by virtue of § 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 § 8.01-296 if a
resident of the Commonwealth or as provided in § 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.
		If 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 § 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 § 8.01-52.

HISTORY: Code 1950, § 8-639; 1960, cc. 35, 587; 1977, c. 617; 1981, c. 286;
1991, c. 97; 1995, c. 366.