Nothing contained in this article shall be construed as imposing liability on any person, firm or corporation whose negligence is alleged to have caused injuries or on the attorney for the injured party where no settlement is made, or, in case of an attorney, where no funds come into his hands, or where no judgment is obtained in favor of such injured party or his personal representative.
§ 8.01-66.11.Necessity for settlement or judgment.
Chapter 3. Actions · Article 7.1. Lien for Hospital, Medical and Nursing Services · Last amended 1979 · Last verified July 16, 2026
In one sentenceSection 8.01-66.11 shields the allegedly negligent party and the injured party’s attorney from liability under this article when no settlement is made, when no funds reach the attorney’s hands, or when no judgment is obtained for the injured person or personal representative.
Full Text of § 8.01-66.11
Plain-English Summary
Section 8.01-66.11 makes clear that the liens and liability created elsewhere in Article 7.1 depend on an actual recovery. Nothing in the article imposes liability on the person, firm, or corporation whose negligence is alleged to have caused the injuries, or on the attorney for the injured party, in three situations: where no settlement is ever made, where — in the case of an attorney — no funds ever come into the attorney’s hands, or where no judgment is ever obtained in favor of the injured party or the personal representative.
In effect, the statute confirms that this article’s lien and notice provisions are contingent on money changing hands or a judgment being entered — they do not create standalone liability against a party or attorney who never receives or secures a recovery.
Frequently Asked Questions
Can I be held liable under Virginia’s medical lien statutes if the case never settles?
No. Section 8.01-66.11 says nothing in this article imposes liability on the allegedly negligent party or the injured party’s attorney where no settlement is made.
What if my attorney never receives any settlement funds?
The statute specifically exempts an attorney from liability under this article where no funds come into the attorney’s hands, even if a lien would otherwise have applied.
Does a lien under this article require a judgment or settlement to exist?
Effectively yes. This section confirms there is no liability under the article where no judgment is obtained in favor of the injured party or personal representative, tying the lien scheme to an actual recovery.
Who benefits from the protection in this section?
Both the person, firm, or corporation whose negligence is alleged to have caused the injuries and the attorney representing the injured party.
Does this section apply to every lien described in this article?
The statute refers broadly to liability under this article, so it applies to the liens and notice obligations found throughout Article 7.1, not to a single provision.
Amendment History
Code 1950, § 32-144; 1979, c. 722.
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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