Va. Code » Title 34. Homestead and Other Exemptions » Chapter 3. Other Articles Exempt
Virginia Code

Va. Code Ann. § 34-28.1 (2026)

Personal injury and wrongful death actions exempt; exceptions

✓ current as of May 2026
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Except for liens created under Article 7.1 (§ 8.01-66.2 et seq.) of Title 8.01, Article 5 (§ 54.1-3932 et seq.) of Title 54.1, and Chapter 19 (§ 63.2-1900 et seq.) of Title 63.2, all causes of action for personal injury or wrongful death and the proceeds derived from court award or settlement shall be exempt from creditor process against the injured person or statutory beneficiary as defined in Article 5 (§ 8.01-50 et seq.) of Title 8.01. It shall not be required that a householder designate any property exempt under this section in a deed in order to secure such exemption. The provisions of this section shall not be construed to affect any voluntary assignment of the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement as permitted by § 8.01-26.

1990, c. 942; 1991, c. 256; 1993, c. 150; 1994, c. 35; 2003, cc. 929, 942.

Notes of Decisions
Cited in 35 cases (6 in the last 5 years), 1993–2025 · leading case: King v. Webb, 214 B.R. 553 (E.D. Va. 1997).
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King v. Webb, 214 B.R. 553 (E.D. Va. 1997). · cites it 29× “In her petition, she claimed as exempt from creditor process under Va.Code § 34-28.1 the sum of $25,000 held in an account with Charles Schwabb.”
Tavenner v. Smoot (In Re Smoot), 265 B.R. 128 (Bankr. E.D. Va. 1999). · cites it 17× “See Va.Code § 34-28.1; 4 King *135 v. Webb (In re Webb), 214 B.”
In Re Webb, 210 B.R. 266 (Bankr. E.D. Va. 1997). · cites it 21× “The court then took the matter under advisement to determine whether a Title VII employment discrimination suit is a “personal injury” claim of the type exempt under Va.Code Ann. § 34-28.1. Because the debtor’s cause of action in this ease had been narrowed by the time it was…”
Wal-Mart Stores, Inc. v. Carpenter (In Re Carpenter), 245 B.R. 39 (Bankr. E.D. Va. 2000). · cites it 20× “Va.Code Ann. § 34-28.1 (Michie 1996). Elsewhere in the code, “creditor process” is defined as “all methods used by creditors to collect unsecured debts.”
Krippendorf v. Cassell (In Re Cassell), 151 B.R. 78 (Bankr. W.D. Va. 1993). · cites it 38× “The statutory basis for the exemption was Va.Code § 34-28.1. The settlement agreement provided, among other things, that the debtor was to receive monthly payments of $1000.”
In re Padula, 542 B.R. 753 (Bankr. E.D. Va. 2015). · cites it 8× “In this case, the Debtor amended her Schedules B and C on February 25, 2015, listing the claim as exempt under Va.Code § 34-28.1. Once thirty days had passed from that date, i.”
In Re Walters, 339 B.R. 607 (Bankr. W.D. Va. 2006). · cites it 9× “The matter before the court arises as a result of a claim by the debtor for exemption of proceeds, pursuant to Code of Vir *608 ginia, § 34-28.1, 1 from a settlement made by the trustee in bankruptcy of a state court lawsuit pending at the time of the filing of the petition by…”
Stone Street Capital, Inc. v. Granati (In Re Granati), 270 B.R. 575 (Bankr. E.D. Va. 2001). · cites it 4× “00 and claimed exempt under Va.Code Ann. § 34-28.1 in the same amount.”
Wal-Mart Stores, Inc. v. Carpenter (In Re Carpenter), 252 B.R. 905 (E.D. Va. 2000). · cites it 6× “1 (Michie 1996) (providing that federal exemptions are not available in Virginia); Va.Code Ann. § 34-28.1 (Mi-chie 1996) (providing an exemption in Virginia for personal injury proceeds).”
Jenkins v. A.T. Massey Coal Co. (In Re Jenkins), 410 B.R. 182 (Bankr. W.D. Va. 2008). · cites it 4× “In his reply, Plaintiff argued first that his causes of action are not assets of the estate because they are exempt under Virginia Code § 34-28.1, which exempts personal injury claims and their proceeds from the bankruptcy estate.”
McDow v. Skinner (In Re Jay), 446 B.R. 227 (Bankr. E.D. Va. 2010). · cites it 3× “The Brown Response to Trustee argued that the Virginia personal injury exemption statute, Section 34-28.1 of the Code of Virginia, did not limit “personal injury” to physical injury of the person and made a number of other arguments relying in part on Section 522(g) of the…”
In Re Wilmoth, 412 B.R. 791 (Bankr. E.D. Va. 2009). · cites it 2× “Va.Code Ann. § 34-28.1 provides in relevant part that “all causes of action for personal injury .”
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