Whenever any person sustains personal injuries caused by the alleged negligence of another, and a claim against any person alleged to be liable is created in favor of the United States under federal law (42 U.S.C. § 2651 et seq.) for the reasonable value of medical, surgical or dental care and treatment provided, the injured party may, on behalf of the United States, claim the reasonable value of the medical services provided as an element of damages in a civil action against the person alleged to be liable. It shall not be required that the United States intervene in the action or be made a party in order to establish its claim. A sworn written statement of the authorized representative of the department or agency providing such services prepared in accordance with the regulations promulgated pursuant to 42 U.S.C. § 2652 shall be admissible as evidence of the reasonable value of the care and treatment provided.
§ 8.01-37.1.Claims for medical services provided by United States; proof of reasonable value.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 1985 · Last verified July 16, 2026
In one sentenceWhen a federal claim arises from United States-paid medical care for an injured person, this section lets the injured party assert that claim as an element of the party’s damages, without requiring the United States to intervene, and makes a sworn statement from the treating agency admissible to prove the reasonable value of that care.
Full Text of § 8.01-37.1
Plain-English Summary
Federal law gives the United States its own claim against a negligent party when the government has paid for the medical, surgical, or dental care of someone that party injured. Rather than forcing a separate federal collection action, this section lets the injured plaintiff assert the value of that government-provided care as an element of the plaintiff’s own damages in the state civil suit, claimed on the government’s behalf.
The United States does not need to intervene in the case or be made a party for its claim to be established this way. To ease proof of the amount at stake, a sworn written statement from an authorized representative of the department or agency that provided the care, prepared under the applicable federal regulations, is admissible as evidence of the reasonable value of that care.
Frequently Asked Questions
Why would a personal injury plaintiff be claiming damages “on behalf of” the United States?
Because federal law creates a claim in favor of the United States for the reasonable value of medical, surgical, or dental care it provided to someone injured by another’s negligence. This section lets the injured party assert that value as part of the party’s own civil damages claim, on the government’s behalf.
Does the federal government have to join the lawsuit for this claim to go forward?
No. The section specifically states that the United States is not required to intervene in the action or be made a party in order to establish its claim.
How is the value of the government-provided medical care proven at trial?
A sworn written statement from the authorized representative of the department or agency that provided the care, prepared under the applicable federal regulations, is admissible as evidence of the reasonable value of that care.
What kind of care triggers a claim under this section?
Medical, surgical, or dental care and treatment provided by the United States to a person whose injuries were caused by another’s alleged negligence, where federal law creates a reimbursement claim in the government’s favor.
Does this section create a new lawsuit, or does it add an element of damages to an existing one?
It adds an element of damages. The injured party claims the reasonable value of the government-provided care as part of the same civil action already being brought against the person alleged to be liable.
Amendment History
1984, c. 42; 1985, c. 205.
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: virginia federal medical expense reimbursement claim8.01-37.1 united states medical care damages42 usc 2651 virginia civil actionmilitary va hospital care damages lawsuit virginiaproof of reasonable value medical services virginia