No action shall be maintained by the personal representative of one who, after injury, has compromised for such injury and accepted satisfaction therefor previous to his death.
§ 8.01-51.No action when deceased has compromised claim.
Chapter 3. Actions · Article 5. Death by Wrongful Act · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-51 bars a wrongful death action when the deceased, after being injured but before dying, already compromised the injury claim and accepted satisfaction for it.
Full Text of § 8.01-51
Plain-English Summary
Section 8.01-51 is a short but consequential limit on the wrongful death claim created by § 8.01-50. If the person who was later killed by the injury had, while still alive, already settled the underlying injury claim and accepted payment or other satisfaction for it, the personal representative cannot bring a wrongful death action over that same injury.
The rule follows from how a wrongful death claim is structured: it stands or falls on whether the deceased, had death not occurred, could still have sued over the injury. Once the deceased resolved that claim and took satisfaction for it, there is nothing left for a personal representative to revive after death.
Frequently Asked Questions
Can a family still sue for wrongful death if the injured person settled before dying?
No. Section 8.01-51 bars the personal representative from maintaining a wrongful death action if the deceased, after being injured, compromised the claim and accepted satisfaction for it before death.
Why does an earlier settlement block a later wrongful death claim?
Because the wrongful death claim under § 8.01-50 depends on whether the deceased could still have sued over the injury had death not occurred. A completed settlement and accepted satisfaction resolves that underlying claim, leaving nothing for a personal representative to pursue.
Does it matter who paid the settlement or how it was structured?
The statute focuses on whether the deceased compromised the claim and accepted satisfaction for the injury before death, not on the form the settlement took.
What if the settlement covered only part of the injury?
Section 8.01-51 speaks to a compromise of the injury claim with accepted satisfaction; whether a particular settlement was full or partial is a factual question courts resolve based on what the deceased agreed to and accepted.
Does this section affect claims unrelated to the injury that caused death?
No. It bars an action only for the injury that the deceased already compromised and for which the deceased accepted satisfaction — it does not reach unrelated claims.
Amendment History
Code 1950, § 8-635; 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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