In case of personal injuries resulting in death and settlement therefor by compromise or suit under the provisions of §§ 8.01-50 to 8.01-56, the liens provided for in this article may be asserted against the recovery, or against the estate of the decedent, but not both. If asserted against the recovery and paid, such liens shall attach pro rata to the amounts received respectively by such beneficiaries as are designated to receive the moneys distributed and in their respective amounts; and such beneficiaries, or the personal representative for their benefit, shall be subrogated to the liens against the estate of such decedent provided for by § 64.2-528.
§ 8.01-66.10.Death claims settled by compromise or suit.
Chapter 3. Actions · Article 7.1. Lien for Hospital, Medical and Nursing Services · Last amended 1979 · Last verified July 16, 2026
In one sentenceSection 8.01-66.10 lets the liens in this article be asserted against a wrongful death recovery or against the decedent’s estate, but not both, and if asserted against the recovery and paid, attaches them pro rata to each beneficiary’s share while subrogating the beneficiaries to the estate lien under § 64.2-528.
Full Text of § 8.01-66.10
Plain-English Summary
Section 8.01-66.10 addresses what happens to the medical and hospital liens created in this article when the underlying injury results in death and the claim is resolved through a wrongful death compromise or suit under §§ 8.01-50 to 8.01-56. The lienholder gets a choice, but not both options: it may assert its lien against the wrongful death recovery, or against the decedent’s estate, but not against both.
If the lien is asserted against the recovery and paid out of it, the statute spreads that payment across the wrongful death beneficiaries in proportion to their shares — it attaches pro rata to the amounts each designated beneficiary receives. In exchange, those beneficiaries, or the personal representative acting on their behalf, become subrogated to the corresponding lien against the decedent’s estate under § 64.2-528, preserving their position relative to the estate.
Frequently Asked Questions
Can a hospital go after both my late relative’s estate and the wrongful death settlement for the same bill?
No. Section 8.01-66.10 lets the lien be asserted against the wrongful death recovery or against the decedent’s estate, but not both.
If the lien is paid from the wrongful death settlement, who bears the cost?
The lien attaches pro rata to the amounts received by each wrongful death beneficiary, so the cost is spread across the beneficiaries in proportion to their respective shares.
Do the beneficiaries lose anything by having the lien paid out of their recovery?
Not entirely. They, or the personal representative on their behalf, become subrogated to the lien against the decedent’s estate under § 64.2-528, preserving a claim against the estate to that extent.
Which kinds of claims does this section apply to?
It applies where personal injuries resulted in death and the claim is settled by compromise or suit under §§ 8.01-50 through 8.01-56 — Virginia’s wrongful death statutes.
Does this section create a new lien, or does it govern existing ones?
It governs how the liens already provided for elsewhere in this article are asserted and satisfied when the underlying injury results in death, rather than creating a new lien of its own.
Amendment History
Code 1950, § 32-141; 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
Also known as: medical lien wrongful death settlement virginia8.01-66.10 virginia codelien against estate or recovery virginiawrongful death beneficiary lien apportionmentsubrogation to estate lien virginia 64.2-528