In any suit brought for personal injury or death, provable damages for loss of income due to such injury or death shall not be diminished because of reimbursement of income to the plaintiff or decedent from any other source, nor shall the fact of any such reimbursement be admitted into evidence.
§ 8.01-35.Damages for loss of income not diminished by reimbursement.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1977 · Last verified July 16, 2026
In one sentenceIn a personal injury or wrongful death suit, this section keeps a plaintiff’s provable loss-of-income damages from being reduced because the plaintiff received reimbursement from some other source, and it bars the defense from telling the jury that such reimbursement happened.
Full Text of § 8.01-35
Plain-English Summary
This section states Virginia’s collateral source rule as it applies to lost income. When a plaintiff sues for personal injury or wrongful death and proves damages for lost income, that recovery is not diminished because the plaintiff was reimbursed for the loss from some other source — an employer’s sick pay, disability benefits, or insurance proceeds, for example. The wrongdoer does not get a discount because the injured person had the foresight, or the good fortune, to carry outside coverage.
The section backs that rule with an evidentiary bar. The fact that the plaintiff received outside reimbursement cannot be admitted into evidence at all, so the jury never learns about it and cannot informally discount the verdict on its own.
Frequently Asked Questions
Does this section reduce my income-loss damages if my employer or insurer already paid me?
No. The section states that provable loss-of-income damages are not diminished because of reimbursement from another source, so outside payments do not reduce what the wrongdoer owes.
Can the defense tell the jury I received insurance or disability payments to argue for a lower verdict?
No. The fact of reimbursement from another source cannot be admitted into evidence, so the jury does not hear about it and cannot factor it into the award.
Does this section cover all types of damages or just lost income?
It addresses provable damages for loss of income specifically, in a suit for personal injury or death.
Does this section apply in wrongful death actions?
Yes. The section covers both personal injury and death cases, so a decedent’s provable loss-of-income damages are likewise protected from reduction based on outside reimbursement.
Why does Virginia keep juries from hearing about outside reimbursement?
The rule prevents a wrongdoer from getting a windfall from a plaintiff’s own insurance or other outside source of support, and keeps the jury’s damages calculation focused on the loss the wrongdoer caused.
Amendment History
Code 1950, § 8-628.3; 1974, c. 155; 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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