In any civil action brought for injuries or death suffered by any person while confined in a state or local correctional facility, the Commonwealth or the locality, as the case may be, shall have a lien against any recovery by settlement or verdict for all actual expenses incurred by the Commonwealth or the locality for medical, surgical and hospital treatment and supplies for the prisoner, whether provided by public or private health care providers, as a result of the injury. Such lien shall be subject to the payment of reasonable attorneys' fees and costs.
§ 8.01-66.9:1.Lien against recovery for medical treatment provided to prisoner.
Chapter 3. Actions · Article 7.1. Lien for Hospital, Medical and Nursing Services · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-66.9:1 gives the Commonwealth or a locality a lien, junior to reasonable attorney’s fees and costs, against any recovery in a civil action for injuries or death suffered by a person confined in a state or local correctional facility, covering the actual expenses of medical, surgical, and hospital treatment provided to that prisoner.
Full Text of § 8.01-66.9:1
Plain-English Summary
Section 8.01-66.9:1 targets a narrow situation: a civil action for injuries or death suffered by someone confined in a state or local correctional facility. The Commonwealth or the relevant locality has a lien against any recovery obtained by settlement or verdict, covering all actual expenses it incurred for the prisoner’s medical, surgical, and hospital treatment and supplies resulting from the injury — regardless of whether that care came from public or private health care providers.
Like the medical liens elsewhere in this article, the lien is subordinate to the payment of reasonable attorney’s fees and costs, so counsel’s fees and litigation costs are satisfied before the Commonwealth’s or locality’s lien is paid.
Frequently Asked Questions
Does the state have a lien if it paid for a prisoner’s medical treatment after an injury?
Yes. Section 8.01-66.9:1 gives the Commonwealth or locality a lien against any recovery from a civil action for injuries or death suffered by someone confined in a state or local correctional facility, covering the actual medical, surgical, and hospital expenses it incurred.
Does it matter whether the treatment came from a public or private provider?
No. The lien covers actual expenses for medical, surgical, and hospital treatment and supplies whether provided by public or private health care providers.
Does the attorney get paid before the Commonwealth’s lien?
Yes. The lien is subject to the payment of reasonable attorneys’ fees and costs, so those come out of the recovery before the lien is satisfied.
What kinds of cases does this lien apply to?
Civil actions brought for injuries or death suffered by a person while confined in a state or local correctional facility.
How does this lien differ from the general medical lien in § 8.01-66.2?
Section 8.01-66.2 covers ordinary personal injury claims and caps the amount by provider category; this section is specific to prisoners and covers the Commonwealth’s or locality’s actual expenses without those category caps.
Amendment History
1984, c. 519.
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
Also known as: prisoner medical treatment lien virginia8.01-66.9:1 virginia codeinmate injury lawsuit medical lien virginiastate lien prisoner medical expenses virginiacorrectional facility injury recovery lien