§ 8.01-37.Recovery of lost wages in action for injuries to emancipated infant.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1977 · Last verified July 16, 2026
In one sentenceAn emancipated minor suing for personal injuries may include lost wages as part of the damages sought, and once that wage claim has been pursued to a decision on the merits, whether the infant wins or loses, no one else may separately recover those same lost wages.
Full Text of § 8.01-37
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In any suit for personal injuries brought on behalf of an emancipated infant, when such infant has sustained lost wages as a result of such injuries, he shall be entitled to recover such lost wages as a part of his damages. Where
recovery is made hereunder or where recovery is attempted to be made and a decision on the merits adverse to said infant results, no other person may recover such lost wages.
Plain-English Summary
An unemancipated minor’s lost earnings can belong to the parent rather than the child, but emancipation changes that. This section lets an emancipated infant who sues for personal injuries recover lost wages directly, as part of the infant’s own damages, when the injury caused those wages to be lost.
The section also settles who else can chase the same loss. Once the infant’s wage claim has been pursued to a decision on the merits — whether that decision favors the infant or goes against the infant — the section bars any other person from separately recovering those same lost wages. The claim, once litigated, cannot be relitigated by someone else standing in the infant’s shoes.
Frequently Asked Questions
Can an emancipated minor recover lost wages in a personal injury suit?
Yes. When an emancipated infant sues for personal injuries and has sustained lost wages as a result, the infant may recover those lost wages as part of the damages.
Does this section apply to an unemancipated minor’s lost earnings?
The section addresses recovery by an emancipated infant specifically. An unemancipated minor’s earning capacity claim is generally treated differently, since a parent may otherwise hold that right.
What happens if the infant loses the case on the merits — can someone else still sue for those lost wages?
No. If a decision on the merits adverse to the infant results from a recovery attempt, no other person may recover the same lost wages.
Does an unsuccessful attempt to recover lost wages still block others from suing over them?
Yes. The section applies whether recovery is made or is attempted and results in an adverse decision on the merits; either way, no other person may recover the same lost wages afterward.
How does emancipation status affect who can bring a wage-loss claim?
Emancipation is what allows the infant to bring the lost-wages claim directly as an element of the infant’s own damages, rather than that claim belonging to a parent.
Amendment History
Code 1950, § 8-629.1; 1970, c. 421; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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