Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, even though a penalty or forfeiture for such violation be thereby imposed, unless such penalty or forfeiture be expressly mentioned to be in lieu of such damages. And the damages so sustained together with any penalty or forfeiture imposed for the violation of the statute may be recovered in a single action when the same person is entitled to both damages and penalty; but nothing herein contained shall affect the existing statutes of limitation applicable to the foregoing causes of action respectively.
§ 8.01-221.Damages from violation of statute, remedy therefor and penalty.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-221 lets anyone injured by a statutory violation recover damages from the violator even when the statute also imposes a penalty, unless the statute says the penalty replaces damages, and it allows both damages and any penalty to be recovered together in one action without disturbing existing limitations periods.
Full Text of § 8.01-221
Plain-English Summary
Many Virginia statutes impose a penalty or forfeiture for violating them — a fine payable to the Commonwealth, for instance — without saying anything about whether a private person harmed by the violation can also sue for their own damages. This section fills that gap with a default rule: a person injured by any statutory violation can recover damages from the violator, and the fact that the statute also carries a penalty does not block that private claim.
The only exception is where the statute itself expressly says the penalty or forfeiture takes the place of damages — in that case, the injured person is limited to whatever the statute provides and cannot sue separately for damages. Where both are available, the second sentence lets the injured person combine them: damages and any penalty or forfeiture tied to the same violation can be pursued together in a single lawsuit against the same defendant, rather than requiring separate proceedings.
The closing clause is a safeguard, not an expansion — it confirms that combining damages and penalty claims in one action does not change or extend whatever statute of limitations otherwise applies to each type of claim.
Frequently Asked Questions
If a statute imposes a fine for violating it, can I still sue the violator for my own damages?
Generally yes. Section 8.01-221 lets a person injured by a statutory violation recover damages even though the statute also imposes a penalty or forfeiture, unless the statute specifically says the penalty is meant to replace damages.
When would a penalty replace, rather than supplement, a damages claim?
Only when the statute creating the penalty expressly says the penalty or forfeiture is in lieu of damages. Absent that kind of express language, the injured person can pursue both.
Can I recover a statutory penalty and my own damages in the same lawsuit?
Yes. When the same person is entitled to both, § 8.01-221 lets them be recovered together in a single action, rather than forcing separate suits for the penalty and for damages.
Does this section change how long I have to file suit?
No. The statute expressly preserves the existing statutes of limitations that apply to the damages claim and to the penalty claim; it only allows them to be joined in one case.
Does this section create a private right of action for every statutory violation?
It creates a general damages remedy for a person injured by “the violation of any statute,” subject to the in-lieu-of-damages exception, but whether a given violation caused the plaintiff compensable injury is still a case-specific proof question.
Amendment History
Code 1950, § 8-652; 1954, c. 333; 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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