Whenever any person sustains personal injuries caused by the alleged negligence of another and receives treatment in any hospital, public or private, or nursing home, or receives medical attention or treatment from any physician, or receives nursing service or care from any registered nurse, or receives physical therapy treatment from any registered physical therapist in this Commonwealth, or receives medicine from a pharmacy, or receives any emergency medical services and transportation provided by an emergency medical services vehicle, such hospital, nursing home, physician, nurse, physical therapist, pharmacy or emergency medical services provider or agency shall each have a lien for the amount of a just and reasonable charge for the service rendered, but not exceeding $2,500 in the case of a hospital or nursing home, $750 for each physician, nurse, physical therapist, or pharmacy, and $200 for each emergency medical services provider or agency on the claim of such injured person or of his personal representative against the person, firm, or corporation whose negligence is alleged to have caused such injuries.
§ 8.01-66.2.Lien against person whose negligence causes injury.
Chapter 3. Actions · Article 7.1. Lien for Hospital, Medical and Nursing Services · Last amended 2017 · Last verified July 16, 2026
In one sentenceSection 8.01-66.2 gives a hospital, nursing home, physician, nurse, physical therapist, pharmacy, or emergency medical services provider a lien, capped at set dollar amounts for each category, on an injured person’s claim against the party whose negligence allegedly caused the injury, for the just and reasonable charges of the treatment provided.
Full Text of § 8.01-66.2
Plain-English Summary
Section 8.01-66.2 opens Article 7.1’s scheme of medical and hospital liens. When someone sustains personal injuries caused by another’s alleged negligence and receives treatment — from a hospital, public or private, a nursing home, a physician, a registered nurse, a registered physical therapist, a pharmacy, or an emergency medical services provider — that provider gets a lien for a just and reasonable charge for the service it rendered.
The lien is capped by category: no more than $2,500 for a hospital or nursing home, $750 for each physician, nurse, physical therapist, or pharmacy, and $200 for each emergency medical services provider or agency. The lien attaches to the injured person’s claim, or the claim of the person’s personal representative, against whoever’s negligence allegedly caused the injury — it is a claim against the recovery, not against the injured patient personally.
Frequently Asked Questions
Can my hospital or doctor claim a share of my personal injury settlement in Virginia?
Yes. Section 8.01-66.2 gives hospitals, nursing homes, physicians, nurses, physical therapists, pharmacies, and emergency medical services providers a lien for a just and reasonable charge, attaching to the injured person’s claim against whoever’s negligence caused the injury.
Is there a cap on how much a provider can claim under this lien?
Yes. The statute caps the lien at $2,500 for a hospital or nursing home, $750 for each physician, nurse, physical therapist, or pharmacy, and $200 for each emergency medical services provider or agency.
Does the lien attach against me personally, or against my settlement?
It attaches to the claim of the injured person, or that person’s personal representative, against the party whose negligence allegedly caused the injury — the lien reaches the recovery, not the injured person’s other assets.
What kinds of providers can assert a lien under this section?
Hospitals (public or private), nursing homes, physicians, registered nurses, registered physical therapists, pharmacies, and emergency medical services providers or agencies that provided treatment or transportation related to the injury.
Does the injured person have to have filed a lawsuit for this lien to exist?
The lien arises from having sustained personal injuries caused by another’s alleged negligence and received the covered treatment; other sections in this article address the notice, enforcement, and dispute procedures tied to that lien.
Amendment History
Code 1950, § 32-138; 1979, c. 722; 1981, c. 313; 1988, cc. 505, 544; 1995, cc. 470, 550, 669; 2003, cc. 455, 525; 2010, c. 343; 2015, cc. 502, 503; 2017, c. 603.
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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